International prison policy development instrument

International prison policy development instrument
1st Edition July 2001
The International Centre for Criminal Law Reform and Criminal Justice Policy is
pleased to provide you with this First Edition of the International Prison Policy Development Instrument, including the document Towards Improved Corrections –
A Strategic Framework. We encourage you to use these documents for your research
and policy development purposes as you see appropriate. Please ensure that all credits are appropriately acknowledged when using all or any of the information within
the documents. The reproduction of these materials for commercial purposes is
strictly prohibited.
CONTENTS
(Refer to Section I-VI for detailed contents of each section)
Acknowledgements
About The International Centre For Criminal Law Reform and Criminal Justice Policy
Introduction
Section I
Administration
Section II
Case Management
Section III
Inmate Rights and the Treatment Of Offenders
Section IV
Security
Section V
Health
Section VI
Discipline
Towards Improved Corrections – A Strategic Framework
ACKNOWLEDGEMENTS
The compilation and drafting of the International Prison Policy Development Instrument involved the contributions and assistance of a number of key individuals and organizations
from around the world over the past couple of years. Special thanks go to Mr. Jean Paul Laborde of the United Nations Centre for International Crime Prevention in Vienna, for it was
through discussions with him that the need and inspiration for such an instrument came to be
realized.
This instrument is a compilation of standards and policies from many national and international sources. The proposed policies included in the Instrument are based primarily on
material from the Correctional Service of Canada (CSC) and the Corrections Branch of the
British Columbia Ministry of Attorney General. I would like to thank both of these organizations, the Commissioner of the CSC at the time, Dr. Ole Ingstrup, and the Assistant Deputy
Minister of the BC Corrections, Mr. Don Demers, for their support and contributions. I
would also like to thank Warden Mitch Kassen and Unit Manager Jack Kline of Bowden Institution (CSC) whose respective contribution at the field level were most crucial to this
project.
The development of the Instrument involved researching various United Nations and other
international standards followed by the synthesis and formatting of the resulting large volume
of material. I would like to thank students Ms. Leanne Salel, Ms. Lorna Lynch, Ms. Heidi
Kralik and Ms. Mikala Grante for their invaluable assistance in this regard.
Following the first draft of the instrument, an experts meeting was held in Kampala, Uganda
to introduce the instrument, explore countries’ individual needs for such a tool, and to assess
the usefulness of the information contained therein. The following individuals participated in
the meeting and I thank them for their comments and input: Mr. Joseph A. A. Etima, Commissioner, Uganda Prison Service (UPS); Mr. Onel E. Malisa, Commissioner Tanzania
Prison Service; Mr. Evaristus Shikongo, Commissioner Namibia Ministry of Prisons and
Correctional Services (NPCS); Dr. Kurt Neudek and Mr. George Edanyu, Assistant Commissioners UPS; Mr. John Nyoka, Assistant Commissioner NPCS; Professor Leonard Shaidi,
University of Dar Es Salaam; Mr. Livingston Sewanyana and Ms Christine Achieng, Foundation for Human Rights Initiative (Kampala, Uganda); Mr. Willie Coetzee and Mr. Willie
Clack, Technikon SA; Mr. Ahmed Othmani, Penal Reform International; and Dr. Misamba
Sita, United Nations Africa Institute for the Prevention of Crime and the Treatment of Offenders (UNAFRI). I would also like to thank the former and current Directors of UNAFRI,
Mr. Isam Abugideri and Mr. Eric Kibuka, as well as the many other UNAFRI staff, for hosting the meeting and for their co-ordination assistance. Special thanks to Ms. Monique
Trépanier of the International Centre who provided the overall co-ordination for this event.
The International Centre gratefully acknowledges the support of the National Institute of Justice, our sister organization within the United Nations Criminal Justice Programme, for their
generous assistance in the printing of this Instrument.
International Centre for Criminal Law Reform and Criminal Justice Policy
Finally, I would like to thank the CSC and in particular, Commissioner Lucie McClung,
Assistant Commissioner, Corporate Policy Mr. Michel Roy and Director General of
Intergovernmental Affairs Ms. Karen Wiseman, for their ongoing support and commitment
to the International Centre’s activities and the collaborative program of work between the
International Centre and the CSC. Without this support the development of this Instrument
would not have been possible.
Brian Tkachuk, Director Corrections Program
The International Centre for Criminal Law Reform and Criminal Justice Policy
International Centre for Criminal Law Reform and Criminal Justice Policy
ABOUT THE INTERNATIONAL CENTRE
FOR CRIMINAL LAW REFORM AND
CRIMINAL JUSTICE POLICY
The International Centre was established in Vancouver, British Columbia, Canada in 1991 at
the initiative of the Canadian government. Its founding partners are the University of British
Columbia, Simon Fraser University and the International Society for the Reform of Criminal
Law. Affiliated with the United Nations, it is one of two interregional institutes in the United
Nations Crime Prevention and Criminal Justice Programme. The Centre’s mission is to pr omote the rule of law, human rights, democracy and good governance. It fulfills its purpose
by contributing to local, national and international efforts to support law reform initiatives
and to improve the administration of criminal justice. The Centre supports and contributes to
the policies and activities of the United Nations Crime Prevention and Criminal Justice Programme, and assists with the achievement of Canadian Foreign Policy objectives.
The International Centre conducts research and policy analysis, undertakes the deve lopment
and delivery of technical assistance programs and provides public information, consultation
and education relating to the international field of criminal law, criminal justice policy and
crime prevention issues. Further, the Centre facilitates the exchange of information and expertise to support the government of Canada in both its national and foreign policy objectives
in the areas of crime prevention, criminal justice and human rights.
International Centre for Criminal Law Reform and Criminal Justice Policy
INTRODUCTION
The World Prison Situation In Brief
Many prison jurisdictions around the world are in a near state of crisis. In fact, the issue of
prisons, and in particular, of prison overcrowding, as well as the resulting financial and inherent human rights problems, remains of great concern to all regions and most countries in
the world. Few jurisdictions are immune from the phenomenon of growing prison populations which, according to the World Population List and World Population Brief1 , has
recently seen the number of individuals imprisoned surpass 8 ½ million worldwide 2 . With a
world population of 6.1 billion this represents an average incarceration rate of 140 prisoners
per 100,000 population. This increase, which throughout the past decade saw growth in some
countries to be as high as 40%, cannot alone be attributed to higher rates in crime. Simply,
around the world there is the belief that prison is preferable to any alternative; thus, the punitive element that characterizes this sanction remains the cornerstone of modern day
correctional and penal systems. In spite of the proven efficiency and effectiveness of non
custodial alternatives, harsher penalties in the form of longer prison sentences continue to be
imposed.
Even more startling than this reliance on prisons and the imprisonment rates themselves are
the conditions that have prevailed as a result. High prison populations have led to prison
overcrowding which invariably leads to a legion of other problems. In many parts of the developing world the issue of prison overcrowding has led to conditions where prison officials
are all too often unable to provide for the most basic of human needs for offenders including
the provision of food, clean water, blankets and shelter, as well as basic health care. Not only
men but women, juveniles and in some cases children are subject to abuse, either directly or
as an unintended consequence of severely overcrowded facilities. These issues lead to more
tension and violence amongst prisoners as well as violence against staff. Workplace safety,
as well as the overall working and living conditions for staff are compromised. When overcrowding is present, staff/prisoner ratios fall, leading to less supervision and the inability to
engage in constructive programs and activities conducive to reintegration. With all of these
prevailing factors, the non observance of most international and regional standards has become the norm rather than the exception.
1
The World Population List was first published in 1999, the Second Edition appearing in 2000 - Roy
Walmsley, Research Findings Nos 88 and 116. Home Office Research, Development and Statistics Directorate,
London UK. The World Prison Brief is a development of the above and appears on -line
(www.prisonstudies.org); it is produced at the International Centre for Prison Studies, King’s College, London.
2
Includes pretrial detainees (remand) as well as thoses having been convicted of an offence.
The International Centre for Criminal Law Reform and Criminal Justice Policy
International Centre for Criminal Law Reform and
Criminal Justice Policy Corrections Program
Mindful of the pressing need to bring about reform in the administration of justice, which
would in turn serve to address the issue of prison overcrowding and its inherent human rights
abuses, the International Centre for Criminal Law Reform and Criminal Justice Policy embarked on the development of a co-operative program of work with the Correctional Service
of Canada. This work builds on two earlier international symposia on the Future of Corrections 3 and promotes the use of a strategic approach to the implementation, in the field of
corrections, of recognised human rights and other criminal justice standards and norms. The
emphasis is on the provision of technical assistance to countries that request it.
The Centre’s current activities and program of work in the area of corrections reflect priorities that are identified through a series of national and international consultations conducted
on an annual basis. These consultations reveal not only the presence of a very real and urgent
need for assistance in developing countries, particularly in Africa, Latin America and in parts
of Asia, but also the near absence of a concerted effort on the part of developed countries to
address this need. Priorities for technical assistance include staff development and training,
management training, policy development, bail and/or pre -trial detention reform, conditions
of youth in detention, community corrections and the promotion of public awareness and participation and of course activities to address the overriding issue of prison overcrowding.
Many of the Centre’s activities support efforts to implement non custodial alternatives, including the use of bail, community service, probation, parole and restorative justice
approaches.
Prison Policy Development
As noted earlier, the consultations revealed a number of areas where technical assistance in
the area of corrections was required. Along with the pressing issue of prison overcrowding
was the need for assistance in the area of policy development. This need was also confirmed
during the course of visiting a number of correctional jurisdictions in various countries and
regions of the world where, in some cases, prison policies were practically non existent. In
others they were severely limited or outdated and virtually inaccessible to staff let alone offenders or the public.
A sound policy framework is essential for the effective and efficient governance of any correctional jurisdiction. However, it is not enough to simply have policies. The policies must be
based on the rule of law and be respective of other international, regional and national standards for corrections and the protection of human rights. All employees and
3
First International Symposium on the Future of Corrections, Ottawa 1991 - Sponsored by the Correctional
Service of Canada and the Society for the Reform of Criminal Law; Second International Symposium on the
Future of Corrections, Popowo, Poland 1993 - Sponsored by the Correctional Service of Canada, the Polish
Ministry of Justice and the International Centre for Criminal Law Reform and Criminal Justice Policy.
The International Centre for Criminal Law Reform and Criminal Justice Policy
members of a Service must be familiar with policy as it relates to their professional conduct
and the performance of their duties. Policies should also be open and accessible to not only
staff members, but to offenders and members of the public. It is through the evaluation of our
adherence to policy that we hold ourselves accountable and are held accountable by others.
The International Prison Policy Development Instrument has been designed as a tool to assist
countries in their development and/or review of prison policies regardless of region or culture. It is of course recognized that the instrument may be of more value and relevance to
developing countries, many of whose systems remain in a state of transition or progressive
development.
The manual provides the basis for correctional policy development in six key areas including:
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Administration
Case Management
Inmates Rights
Security
Health
Discipline
Part one for each of the six policy sections draws attention to applicable UN and other
international standards such as the UN Standard Minimum Rules for the Treatment of
Offenders, the Basic Principles for the Treatment of Prisoners and the Universal Declaration
on Human Rights. Consistent with the formatting of part one and for ease of reference, part
two of each section provides proposed policy for each of the areas. The policy may in some
cases appear complete and prescriptive but it is not. Rather, it is a template and designed so
that it can be modified or edited to be in compliance with and supportive of local legislation
and consistent with local culture and needs. To facilitate its adaptation to a particular locale
and negate the need to reproduce all of the documentation each manual is accompanied by an
electronic version on CD.
Although the manual can be used to develop an entirely new set of prison policies it can also
be used to conduct a review against existing policy or to conduct revisions to a particular policy area. There is no right or wrong way to use the instrument as it is limited only to the
extent of the information provided therein.
Strategic Framework for Corrections
In addition to the proposed policy and applicable references to International standards and
instruments, the document entitled Towards Improved Corrections, A Strategic Framework,
has been incorporated into the manual and is also included electronically on the CD. The
Strategic Framework is the product of the two earlier mentioned international symposia on
the future of corrections, the first held in Ottawa, Canada in 1991 and the second in Popowo,
Poland in 1993.
The International Centre for Criminal Law Reform and Criminal Justice Policy
As indicated within the document the intent of the strategic framework is to assist correctional organizations in defining their role within the criminal justice system. This involves:
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explaining what corrections is;
defining what is meant by effectiveness in corrections;
explaining what corrections can realistically achieve; and
expressing the values that are vital to corrections in a democratic society.
This framework is not a set of precise, specific standards but a broad vision that will serve to
guide developments in the field of corrections. Its aim is to inspire improvement in performance, not just change. As such, it should serve as a starting point for discussion. How the
framework is used must be determined by each system that is in search of a better future. It
can serve as a reminder of the opportunities for improvement and an impe tus for action.
Commitment to the values and principles contained therein will allow correctional systems to
achieve significant progress and improvement.
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Table of Contents
PART ONE: UN GUIDELINES...............4
A. STAFF MANAGEMENT......................................4
1. Corrections Director.............................................4
1.(a) Adult Facility Director................................4
1.(b) Juvenile Facility Director ...........................4
2. Institutional Personnel- Selection/
Training/Conduct................................................5
2.(a) Adult Facility Personnel.............................5
2.(a)(i) General..................................5
2.(a)(ii) Medical personnel –
see V HEALTH
2.(a)(iii) Provision of Female
Personnel forFemale
Prisoners – see III INMATE
RIGHTS AND
TREATMENT OF
PRISONERS
2.(a)(iv) Employee Code of
Conduct........................................6
2.(b) Juvenile Detention Centre Personnel.......11
2.(b)(i) General................................11
2.(b)(ii) Code of Conduct.................13
B. ADMISSIONS AND RECORDS......................15
1. General.................................................................15
2. Admissions Records ............................................15
3. Retention of Prisoners’ Property ......................16
4. Juveniles ..............................................................17
5. Classification of Inmates – see II CASE
MANAGEMENT
C. INMATE FILES ..................................................19
1. General.................................................................19
2. Juvenile Inmate Files .........................................19
D. TRANSFER OF FOREIGN PRISONERS .......20
1. General Principles..............................................20
2. Other Requirements...........................................21
3. Procedural Regulations......................................21
4. Enforcement and Pardon ....................................22
E. INMATE DEATHS ..............................................23
1. General.................................................................23
2. Death of Juvenile Inmates.................................24
F. RELEASE OF INMATES ...................................24
PART TWO: PROPOSED PRISON
POLICY..................................................25
GUIDING PRINCIPLES OF
CORRECTIONAL SERVICES ..............................25
A. STAFF MANAGEMENT....................................26
1. Training and Qualifications..............................26
1.(a) Staff Training...........................................26
1.(a)(i) Prison Service Policy...........26
1.(a)(ii) Training Information..........26
1.(a)(iii) Standards Information.......27
1.(a)(iv) Upgrading .........................27
1.(a)(v) Training Supervisors..........27
2. Staff Files.............................................................28
2.(a) Training and Development Records ........28
2.(b) General Files............................................28
2.(c) Inactive Files ............................................28
3. Circulation of Prison Policy and
Modifications.....................................................29
4. Dress Regulations and Staff Deportment ........29
4.(a) Preamble..................................................29
4.(b) Uniformed Staff........................................29
4.(b)(i) General................................29
4.(b)(ii) Hair Style............................30
4.(b)(iii) Beards/Moustaches............30
4.(b)(iv) Caps (Specific to type of
cap/beret) ...................................30
4.(b)(v) Ties .....................................31
4.(b)(vi) Shirts..................................31
4.(b)(vii) Blouses ..............................31
4.(b)(viii) Patrol Jackets ..................31
4.(b)(ix) Blazers...............................32
4.(b)(x) Skirts/Slacks/Trousers ........32
4.(b)(xi) Footwear............................32
4.(b)(xii) Insignia .............................32
4.(c) Non-Uniformed Staff................................32
4.(c)(i) Civilian Clothing ..................32
4.(c)(ii) Clothing...............................32
4.(c)(iii) Hair Style ...........................33
4.(c)(iv) Beards/Moustaches ............33
4.(d) Staff Training Officers..............................33
B. ADMISSIONS AND RECORDS......................33
1. Reception of Inmates..........................................33
1.(a) Documentation .........................................33
1.(b) Warrant of Committal ..............................34
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1.(c) Warrants Naming a Specific
Correctional Centre.................................34
2. Interpretation of Warrants.................................34
2.(a) General ....................................................34
2.(b) Ambiguous Warrants ...............................35
2.(c) Interpreting Warrants of Committal
Where a Fine is Imposed..........................35
2.(d) Remand Warrant......................................36
2.(e) Advice After Committal for Trial..............36
2.(f) Warrant of Committal Upon
Conviction................................................36
2.(g) Order for the Attendance of the Inmate....36
2.(h) Executing Warrants..................................36
2.(i) Judge’s Letter Interpreting Warrants .......37
2.(j) Request for Copies of Warrants................37
3. Duties of Records Supervisors ...........................37
4. Records Procedures.............................................38
4.(a) Medical Certificate ...................................38
4.(b) Time of Admission....................................38
4.(c) Search of Inmate.......................................38
4.(d) Case File Checks......................................38
4.(e) Inmate Numbers.......................................39
4.(f) Hospital Coverage ....................................39
4.(g) Immigration Query..................................39
4.(h) Fingerprint Record of Sentenced
Inmates.....................................................39
4.(i) Criminal Record of Inmates Awaiting
Trial .........................................................39
5. Information to Inmates upon Admission..........40
6. Issuing of Clothing and Bedding.......................40
7. Inmate Personal Effects......................................40
7.(a) General ....................................................40
7.(b) Acceptance of Inmate Effects ....................41
7.(c) Retention of Personal Effects by
Inmates.....................................................41
7.(d) Personal Effects Forms............................41
7.(e) Inmates Transported Long Distances
for Court..................................................42
7.(f) Storage of Inmate Effects on Discharge
/Escape/Transfer......................................43
7.(g) Seizure of Inmate Effects by Police or
Other Agencies .........................................43
7.(h) Disposal of Abandoned Clothing and
Personal Effects........................................43
7.(i) Need to Document Actions Taken .............44
2.(d) Maintenance of File..................................47
2.(e) Closing Summary Upon Discharge.........47
3. Preparing File Entries ........................................47
4. Issue of Files ........................................................48
5. Removal of Files..................................................49
6. Conditions for Removal......................................49
7. Preservation of Confidential Information .......49
8. Removal of Files from Institution.....................49
9. Transfer of Files to Another Correctional
Centre .................................................................49
9.(a) Transfer of Files.......................................49
9.(b) Transportation of Files ............................50
9.(c) Transfer to a Prison Without Medical
Facilities ...................................................50
9.(d) Forwarding of Files During
Emergency Transfer.................................50
10. Storage of Inactive Files...................................50
11. Retention of Material .......................................50
12. Retrieval of Inactive Files................................51
13. Security Classification of Files –
see IV SECURITY
14. File Information: Collection/
Retention/Dissemination .................................51
14.(a) Obtaining Information About
Offender ...................................................51
14.(b) Providing Information to Parole
Boards......................................................52
14.(c) Disclosure of Information to Victims......52
C. INMATE FILES ..................................................44
1. General.................................................................44
2. Progress Files ......................................................46
2.(a) Purpose....................................................46
2.(b) Mini Files .................................................46
2.(b)(i) Activity Records ...................46
2.(b)(ii) Progress Logs ....................46
2.(c) Review ......................................................47
see also III INMATE RIGHTS AND
TREATMENT
1. Presumption of Death.........................................55
2. Protection of Scene .............................................55
3. Coroner’s Inquest ...............................................56
3.(a) Purpose....................................................56
3.(b) Requirement to Report to Coroner...........56
4. Board of Inquiry ..................................................56
D. TRANSFERS ......................................................52
1. Definition .............................................................53
2. Criteria for Placement and Transfer of
Inmates...............................................................53
3. Sentence Management Transfers.....................53
4. Administrative Transfers ...................................53
5. Authority for Transfers ......................................54
6. Consultation........................................................54
7. Emergency Transfer – see IV SECURITY
8. Transfer via Sheriffs Direct from Court..........54
9. Transfer to Another Prison................................54
10. Suicidal/Violent Inmates .................................54
11. Transfer Logs.....................................................55
12. Transfer of Files – see C 8 above
13. Transfer of Juveniles........................................55
E. INMATE DEATHS ..............................................55
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5. Reports..................................................................56
6. Photographs .........................................................56
7. Suicides ................................................................57
8. Burials..................................................................57
9. Personal Effects...................................................57
F. RELEASE OF INMATES ...................................57
1. Release of Inmates from Prison Custody .........57
2. Authority for Release .........................................58
3. Releasing Time ...................................................58
4. Releases on a Sunday or Statutory Holiday ....58
3
5. Travel Warrants ..................................................58
6. Illness at the Time of Discharge .......................58
7. Return of Clothing and Bedding on
Release................................................................59
8. Return of Personal Effects .................................59
9. Probation Order ..................................................59
10. Notification to Police ........................................59
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PART ONE: UN GUIDELINES
A. STAFF MANAGEMENT
1. Corrections Director
1.(a) Adult Facility Director
Standard Minimum Rules for the Treatment of Prisoners 1
Rule 50
1. The director of an institution should be adequately qualified for his/her task by
character, administrative ability, suitable training and experience.
2. He/she shall devote his/her entire time to his/her official duties and shall not be
appointed on a part-time basis.
3. He/she shall reside on the premises of the institution or in its immediate vicinity.
4. When two or more institutions are under the authority of one director, he/she shall
visit each of them at frequent intervals. A responsible resident official shall be in charge
of each of these institutions.
Rule 51
1. The director, his/her deputy, and the majority of the other personnel of the institution
shall be able to speak the language of the greatest number of prisoners or a language
understood by the greatest number of them.
1.(b) Juvenile Facility Director
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 2
Rule 86
The director of a facility should be adequately qualified for his/her task, with
administrative ability and suitable training and experience, and should carry out his/her
duties on a full time basis.
1
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 1955 as
approved by the Economic and Social Council Resolution 663 (XXIV) of 31 July 1957 and 2076 (LXII) of 13
May 1977.
2
General Assembly Resolution 45/113 of 14 December 1990.
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2. Institutional Personnel- Selection/Training/Conduct
2.(a) Adult Facility Personnel
2.(a)(i) General
Standard Minimum Rules for the Treatment of Prisoners 3
Rule 46
1. The prison administration shall provide for the careful selection of every grade of the
personnel, since it is on their integrity, humanity, professional capacity and personal
suitability for the work that the proper administration of the institution depends.
2. The prison administration shall constantly seek to awaken and maintain in the minds
both of the personnel and of the public, the conviction that this is a social service of
great importance; to this end all appropriate means of informing the public should be
used.
3. To secure the foregoing ends, personnel shall be appointed on a full-time basis as
professional prison officers and have civil service status with security of tenure subject
only to good conduct, efficiency and physical fitness. Salaries shall be adequate to
attract and retain suitable men and women. Employment benefits and conditions of
service shall be favourable in view of the exacting nature of the work.
Rule 47
1. The personnel shall possess an adequate standard of education and intelligence.
2. Before entering on duty, the personnel shall be given a course of training in their
general and specific duties and be required to pass theoretical and practical tests.
3. After entering on duty and during their career, the personnel shall maintain and
improve their knowledge and professional capacity by attending courses of in-service
training organised at suitable intervals.
Rule 48
All members of the personnel shall at all times so conduct themselves and perform their
duties as to influence the prisoners for good by their example and to command their
respect.
3
Supra, note 1
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Rule 49
1. So far as possible, the personnel shall include a sufficient number of specialists such
as psychiatrists, psychologists, social workers, teachers and trade instructors.
2. The services of social workers, teachers and trade instructors shall be secured on a
permanent basis, without thereby excluding part-time or voluntary workers.
Rule 51
2. Whenever necessary, the services of an interpreter shall be used.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 4
Principle 18
Governments and law enforcement agencies shall ensure that all law enforcement
officials are selected by proper screening procedures, have appropriate moral,
psychological and physical qualities for the effective exercise of their functions and
receive continuous and thorough professional training. Their continued fitness to
perform these functions should be subject to periodic review.
2.(a)(ii) Medical Personnel
see V HEALTH
2.(a)(iii) Provision of Female Personnel for Female Prisoners
see III INMATE RIGHTS AND TREATMENT OF PRISONERS, Section E 3
2.(a)(iv) Employee Code of Conduct
Code of Conduct for Law Enforcement Officials
5
Article 1
Law enforcement officials shall at all times fulfil the duty imposed upon them by law, by
serving the community and by protecting all persons against illegal acts, consistent with
the high degree of responsibility required by their profession.
4
Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Havana, Cuba, 27 August to 7 September 1990.
5
Adopted by General Assembly Resolution 34/169 of 17 December 1979.
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Commentary
(a) The term “law enforcement officials” includes all officers of the law,
whether appointed or elected, who exercise police powers, especially the
power of arrest or detention.
(b) In countries where police powers are exercised by military authorities,
whether uniformed or not, or by state security forces, the definition of law
enforcement officials shall be regarded as including officers of such services.
(c) Service to the community is intended to include particularly the rendition
of services of assistance to those members of the community whom by
reason of personal, economic, social or other emergencies, are in need of
immediate aid.
(d) This provision is intended to cover all violent, predatory and harmful
acts, and to extend to the full range of prohibitions under penal statutes. It
extends to conduct by persons not capable of incurring criminal liability.
Article 2
In the performance of their duty, law enforcement officials shall respect and protect
human dignity and maintain and uphold the human rights of all persons.
Commentary
The human rights in question are identified and protected by national and
international law. Among the relevant international instruments are the
Universal Declaration of Human Rights, the International Covenant on Civil
and Political Rights, the Declaration on the Elimination of All Forms of
Racial Discrimination, the International Convention on the Suppression and
Punishment of the Crime of Apartheid, the Convention on the Prevention
and Punishment of the Crime of Genocide, the Standard Minimum Rules for
the Treatment of Prisoners and the Vienna Convention on Consular
Relations.
Article 3
Law enforcement officials may use force only when strictly necessary and to the extent
required for the performance of their duties.
Commentary
(a) This provision emphasises that the use of force by law enforcement
officials should be exceptional. While it implies that law enforcement
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officials may be authorised to use force as is reasonably necessary under the
circumstances for the prevention of crime or in effecting or assisting in the
lawful arrest of offenders or suspected offenders, no force going beyond
that may be used.
(b) National law ordinarily restricts the use of force by law enforcement
officials in accordance with a principle of proportionality. It is to be
understood that such national principles of proportionality are to be
respected in the interpretation of this provision. In no case should this
provision be interpreted to authorise the use of force which is
disproportionate to the legitimate objective to be achieved.
(c) The use of firearms is considered an extreme measure. Every effort
should be made to exclude the use of firearms, especially against children.
In general, firearms should not be used except when a suspected offender
offers armed resistance or otherwise jeopardises the lives of others and less
extreme measures are not sufficient to restrain or apprehend the suspected
offender. In every instance in which a firearm is discharged, a report should
be promptly written to the competent authorities.
Article 4
Matters of a confidential nature in the possession of law enforcement officials shall be
kept confidential, unless the performance of duty or the needs of justice strictly require
otherwise.
Commentary
By the nature of their duties, law enforcement officials obtain information
that may relate to private lives or be potentially harmful to the interests and
especially the reputation of others. Great care should be exercised in
safeguarding and using such information, which should be disclosed only in
the performance of duty or to serve the needs of justice. Any disclosure of
such information for other purposes is wholly improper.
Article 5
No law enforcement official may inflict, instigate or tolerate any act of torture or other
cruel, inhuman or degrading treatment or punishment, nor may any law enforcement
official invoke superior orders or exceptional circumstances such as a state of war or a
threat of war, a threat to national security, internal political instability or any other public
emergency as a justification of torture or other cruel, inhuman or degrading treatment or
punishment.
Commentary
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(a) This prohibition derives from the Declaration on the Protection of All
Persons from Being Subjected to Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment, adopted by the General Assembly,
according to which:
“[Such an act is] an offence to human dignity and shall be condemned as a
denial of the purposes of the Charter of the United Nations and as a
violation of the human rights and fundamental freedoms proclaimed in the
Universal Declaration of Human Rights [and other international human rights
instruments].”
(b) The Declaration defines torture as follows:
“. . . torture means any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted by or at the instigation of a public
official on a person for such purposes as obtaining from him or a third
person information or confession, punishing him for an act he has committed
or is suspected of having committed, or intimidating him or other persons. It
does not include pain or suffering arising only from, inherent in or incidental
to, lawful sanctions to the extent consistent with the Standard Minimum
Rules for the Treatment of Prisoners.”
(c) The term “cruel, inhuman or degrading treatment or punishment” has not
been defined by the General Assembly but should be interpreted so as to
extend the widest possible protection against abuses, whether physical or
mental.
Article 6
Law enforcement officials shall ensure the full protection of the health of persons in their
custody and, in particular, shall take immediate action to secure medical attention
whenever required.
Commentary
(a) “Medical attention”, which refers to services rendered by any medical
personnel, including certified medical practitioners and paramedics, shall be
secured when needed or requested.
(b) While the medical personnel are likely to be attached to the law
enforcement operation, law enforcement officials must take into account the
judgement of such personnel when they recommend providing the person in
custody with appropriate treatment through, or in consultation with, medical
personnel from outside the law enforcement operation.
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(c) It is understood that law enforcement officials shall also secure medical
attention for victims of violations of law or of accidents occurring in the
course of violations of the law.
Article 7
Law enforcement officials shall not commit any act of corruption. They shall also
rigorously oppose and combat all such acts.
Commentary
(a) Any act of corruption, in the same way as any other abuse of authority,
is incompatible with the profession of law enforcement officials. The law
must also be enforced fully with respect to any law enforcement official who
commits an act of corruption, as governments cannot expect to enforce the
law amongst their citizens if they cannot, or will not, enforce the law against
their own agents and within their agencies.
(b) While the definition of corruption must be subject to national law, it
should be understood to encompass the commission or omission of an act in
the performance of, or in connection with, one’s duties in response to gifts,
promises or incentives demanded or accepted, or the wrongful receipt of
these once the act has been committed or omitted.
(c) The expression “act of corruption” referred to above should be
understood to encompass attempted corruption.
Article 8
Law enforcement officials shall respect the law and the present Code. They shall also,
to the best of their capability, prevent and rigorously oppose any violation of them.
Law enforcement officials who have reason to believe that a violation of the present
Code has occurred or is about to occur, shall report the matter to their superior
authorities and where necessary, to other appropriate authorities or organs vested with
reviewing or remedial power.
Commentary
(a) This Code shall be observed whenever it has been incorporated into
national legislation or practice. If legislation or practice contains stricter
provisions than those of the present Code, those stricter provisions shall be
observed.
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(b) The article seeks to preserve the balance between the need for internal
discipline of the agency on which public safety is largely dependent, on the
one hand, and the need for dealing with violations of basic human rights, on
the other. Law enforcement officials shall report violations within the chain
of command and take other lawful action outside the chain of command
only when no other remedies are available or effective. It is understood that
law enforcement officials shall not suffer administrative or other penalties
because they have reported that a violation of this Code has occurred or is
about to occur.
(c) The term “appropriate authorities or organs vested with reviewing or
remedial power” refers to any authority or organ existing under national law,
whether internal to the law enforcement agency or independent thereof, with
statutory, customary or other power, which reviews grievances and
complaints arising out of violations within the purview of this Code.
(d) In some countries, the mass media may be regarded as performing
complaint review functions similar to those described in subparagraph (c)
above. Law enforcement officials may, therefore, be justified if, as a last
resort and in accordance with the laws and customs of their own countries
and with the provision of Article 4 of the present Code, they bring violations
to the attention of public opinion through the mass media.
(e) Law enforcement officials who comply with the provisions of this Code
deserve the respect, the full support and the cooperation of the community
and of the law enforcement agency in which they serve, as well as the law
enforcement profession.
2.(b) Juvenile Detention Centre Personnel
2.(b)(i) General
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 6
Rule 22
1. Professional education, in-service training, refresher courses and other appropriate
modes of instruction shall be utilised to establish and maintain the necessary professional
competence of all personnel dealing with juvenile cases.
6
General Assembly Resolution 40/33 of 29
November 1985.
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2. Juvenile justice personnel shall reflect the diversity of juveniles who come into contact
with the juvenile justice system. Efforts shall be made to ensure the fair representation
of women and minorities in juvenile justice agencies.
Commentary
Professional qualifications are an essential element in ensuring the impartial
and effective administration of juvenile justice. Accordingly, it is necessary
to improve the recruitment, advancement and professional training of
personnel and to provide them with the necessary means to enable them to
properly fulfil their functions.
All political, social, sexual, racial, religious, cultural or any other kind of
discrimination in the selection, appointment and advancement of juvenile
justice personnel should be avoided in order to achieve impartiality in the
administration of juvenile justice. This was recommended by the Sixth
Congress. Furthermore, the Sixth Congress called on member states to
ensure the fair and equal treatment of women and criminal justice personnel
and recommended that special measures should be taken to recruit, train
and facilitate the advancement of women personnel in juvenile justice
administration.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
7
Rule 81
Personnel should be qualified and include a sufficient number of specialists such as
educators, vocational instructors, counsellors, social workers, psychiatrists and
psychologists. These and other specialist staff should normally be employed on a
permanent basis. This should not preclude part-time or volunteer workers when the
level of support and training they can provide is appropriate and beneficial. Detention
facilities should make use of all remedial, educational, moral, spiritual, and other
resources and forms of assistance that are appropriate and available in the community,
according to the individual problems of detained juveniles.
Rule 82
The administration should provide for the careful selection and recruitment of every
grade and type of personnel, since the proper management of detention facilities
depends on their integrity, humanity, ability and professional capacity to deal with
juveniles, as well as personal suitability for the work.
7
Supra, note 2
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Rule 83
To secure the foregoing ends, personnel should be appointed as professional officers
with adequate remuneration to attract and retain suitable women and men. All
personnel of juvenile detention facilities should be continually encouraged to fulfil their
duties and obligations in a humane, committed, professional, fair and efficient manner, to
conduct themselves at all times in such a way as to deserve and gain the respect of the
juveniles, and to provide juveniles with a positive role model and perspective.
Rule 84
The administration should introduce forms of organisation and management that facilitate
communications between different categories of staff in each detention facility. This is
intended to enhance cooperation between the various services engaged in the care of
juveniles, as well as between staff and the administration, with a view to ensuring that
staff directly in contact with juveniles are able to function in conditions favourable to the
efficient fulfilment of their duties.
Rule 85
All personnel should receive such training as will enable them to carry out their
responsibilities effectively, in particular, training in child psychology, child welfare and
international standards and norms of human rights and the rights of the child, including
the present Rules. The personnel should maintain and improve their knowledge and
professional capacity by attending courses of in-service training, to be organised at
suitable intervals throughout their career.
2.(b)(ii) Code of Conduct
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
8
Rule 87
In the performance of their duties, personnel of detention facilities should respect and
protect the human dignity and fundamental human rights of all juveniles, in particular as
follows:
(i) No member of the detention facility or institutional personnel may
inflict, instigate or tolerate any act of torture or any form of harsh, cruel,
inhuman or degrading treatment, punishment, correction or discipline
under any pretext or circumstance whatsoever.
8
Supra, note 2
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(ii) All personnel should rigorously oppose and combat any act of
corruption, reporting it without delay to the competent authorities.
(iii) All personnel should respect the present Rules. Personnel who
have reason to believe that a serious violation of the present Rules has
occurred or is about to occur, should report the matter to their superior
authorities or organs vested with reviewing or remedial power.
(iv) All personnel should ensure the full protection of the physical and mental
health of juveniles, including protection from physical, sexual and emotional
abuse and exploitation, and should take immediate action to secure medical
attention whenever required.
(v) All personnel should respect the right of the juvenile to privacy, and,
in particular, should safeguard all confidential matters concerning
juveniles or their families learned as a result of their professional
capacity.
(vi) All personnel should seek to minimise any differences between life
inside and outside the detention facility which tend to lessen due respect
for the dignity of juveniles as human beings.
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B. ADMISSIONS AND RECORDS
1. General
Declaration on the Protection of All Persons from Enforced Disappearance 9
Article 10
1. Any person deprived of liberty shall be held in an officially recognised place of
detention and in conformity with national law, be brought before a judicial authority
promptly after detention.
2. Admissions Records
Declaration on the Protection of All Persons from Enforced Disappearance 10
Article 10
2. Accurate information on the detention of such persons and their place or places of
detention, including transfers, shall be made promptly available to family members, their
counsel or to any other person having a legitimate interest in the information unless a
wish to the contrary has been manifested by the persons concerned.
Standard Minimum Rules for the Treatment of Prisoners 11
Rule 7
1. In every place where persons are imprisoned, there shall be kept a bound registration
book with numbered pages in which the following shall be entered in respect of each
prisoner received:
(i) Information concerning his/her identity
(ii) The reasons for his/her commitment and the authority thereafter
No person shall be received in an institution without a valid commitment order of which
the details have been previously entered in the register
9
Adopted by General Assembly Resolution 47/133 of 18 December 1992.
10
Adopted by General Assembly Resolution 47/133 of 18 December 1992.
11
Supra, note 1
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Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions 12
Principle 6
Governments shall ensure that persons deprived of their liberty are held in officially
recognised places of custody, and that accurate information on their custody and
whereabouts, including transfers, is made promptly available to their relatives and
lawyer or other persons of confidence.
3. Retention of Prisoners’ Property
Standard Minimum Rules for the Treatment of Prisoners 13
Rule 43
1. All money, valuables, clothing and other effects belonging to a prisoner which he/she
is not allowed to retain under the regulations of the institution, shall, on his/her admission
to the institution, be placed in safe custody. The prisoner thereof shall sign an inventory.
Steps shall be taken to keep effects in good condition.
2. On the release of the prisoner, all money and articles shall be returned to him/her
except in so far as he/she has been authorised to spend money or send any such
property out of the institution, or it has been found necessary on hygienic grounds to
destroy any article of clothing. The prisoner shall sign a receipt for the articles and
money returned to him/her.
3. Any money or effects received from outside shall be treated in the same way.
4. If a prisoner brings in any drugs or medicine, the medical officer shall decide what use
shall be made of them.
12
Recommended by Economic and Security Council Resolution 1989/65 of 24 May 1989.
13
Supra, note 1
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4. Juveniles
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”)14
Rule 21
1. Records of juvenile offenders shall be kept strictly confidential and closed to third
parties. Access to such records shall be limited to persons directly concerned with the
disposition of the case at hand or other duly authorised persons.
2. Records of juvenile offenders shall not be used in adult proceedings in subsequent
cases involving the same offender.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 15
Rule 6
The Rules should be made readily available to juvenile justice personnel in their national
languages. Juveniles who are not fluent in the language spoken by the personnel of the
detention facility should have the right to the services of an interpreter free of charge
whenever necessary, in particular during medical examinations and disciplinary
proceedings.
Rule 20
No juvenile should be received in any detention facility without a valid commitment
order of a judicial, administrative or other public authority. The details of this order
should be immediately entered in the register. No juvenile should be detained in any
facility where there is no such register.
Rule 21
In every place where juveniles are detained, a complete and secure record of the
following information should be kept concerning each juvenile received:
(i) Information on the identity of the juvenile
(ii) The fact of and reasons for commitment and the authority therefor
(iii) The day and hour of admission, transfer and release
14
Supra, note
15
Supra, note
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(iv) Details of the notification to parents and guardians on every
admission, transfer or release of the juvenile in their care at the time of
commitment
(v) Details of known physical and mental health problems, including
drug and alcohol abuse
Rule 22
The information on admission, place, transfer and release should be provided without
delay to the parents and guardians or closest relative of the juvenile concerned.
Rule 23
As soon as possible after reception, full reports and relevant information on the personal
situation and circumstances of each juvenile should be drawn up and submitted to the
administration.
Rule 24
On admission, all juveniles shall be given a copy of the rules governing the detention
facility and a written description of their rights and obligations in a language they can
understand, together with the address of the authorities competent to receive
complaints, as well as the address of public or private agencies and organisations that
provide legal assistance. For those juveniles who are illiterate or who cannot
understand the language in the written form, the information should be conveyed in a
manner enabling full comprehension.
Rule 25
All juveniles should be helped to understand the regulations governing the internal
organisation of the facility, the goals and methodology of the care provided, the
disciplinary requirements and procedures, other authorised methods of seeking
information and of making complaints, and all such matters as are necessary to enable
them to fully understand their rights and obligations during detention.
Rule 26
The transport of juveniles should be carried out at the expense of the administration in
conveyances with adequate ventilation and light, in conditions that should in no way
subject them to hardship or indignity. Juveniles should not be transferred from one
facility to another arbitrarily.
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5. Classification of Inmates
see II CASE MANAGEMENT
C. INMATE FILES
1. General
Declaration on the Protection of All Persons from Enforced Disappearance 16
Article 10
3. An official up-to-date register of all persons deprived of their liberty shall be
maintained in every place of detention. Additionally, each state shall take steps to
maintain similar centralised registers. The information contained in these registers shall
be made available to the persons mentioned in the preceding paragraph, to any judicial
or other competent and independent national authority and to another competent
authority entitled under the law of the state concerned or any international legal
instrument to which a state concerned is a party, seeking to trace the whereabouts of a
detained person.
2. Juvenile Inmate Files
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
17
Rule 19
All reports, including legal records, medical records and records of disciplinary
proceedings, and all other documents relating to the form, content and details of
treatment should be placed in a confidential individual file, which should be kept up-todate, accessible only to authorised persons and classified in such a way as to be easily
understood. Where possible, every juvenile should have the right to contest any fact or
opinion contained in his or her file so as to permit rectification of inaccurate, unfounded
or unfair statements. In order to exercise this right, there should be procedures that
allow an appropriate third party to have access to and consult the file on request. Upon
release, the records of juveniles shall be sealed, and, at an appropriate time, expunged.
16
Adopted by General Assembly Resolution 47/133 of 18 December 1992.
17
Supra, note
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D. TRANSFER OF FOREIGN PRISONERS
1. General Principles
Declaration on the Protection of All Persons from Enforced Disappearance 18
Article 8
1. No state shall expel, return (“refouler”) or extradite a person to another state where
there are substantial grounds to believe that he/she would be in danger of enforced
disappearance.
2. For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant considerations including, where applicable,
the existence in the state concerned of a consistent pattern of gross, and flagrant or
mass violations of human rights.
Model Agreement on the Transfer of Foreign Prisoners 19
1. The social resettlement of offenders should be promoted by facilitating the return of
persons convicted of crime abroad to their country of nationality or of residence to
serve their sentence at the earliest possible stage. In accordance with the above, states
should afford each other the widest measure of cooperation.
2. A transfer of prisoners should be effected on the basis of mutual respect for national
sovereignty and jurisdiction.
3. A transfer of prisoners should be effected in cases where the offence giving rise to
conviction is punishable by deprivation of liberty by judicial authorities of both the
sending (sentencing) state and the state to which the transfer is to be effected
(administering state) according to the national laws.
4. A transfer may be requested by either the sentencing or the administering state. The
prisoner, as well as close relatives, may express to either state their interest in the
transfer. To that end, the contracting state shall inform the prisoner of their competent
authorities.
5. A transfer shall be dependent on the agreement of both the sentencing and the
administering state, and should also be based on the consent of the prisoner.
18
19
Supra, note
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offences.
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6. The prisoner shall be fully informed of the possibility and of the legal consequences of
a transfer, in particular whether or not he/she might be prosecuted because of other
offences committed before his/her transfer.
7. The administering state should be given the opportunity to verify the free consent of
the prisoner.
8. Any regulation concerning the transfer of prisoners shall be applicable to sentences of
imprisonment as well as to sentences imposing measures involving deprivation of liberty
because of the commission of a criminal act.
9. In cases of the person’s incapability of freely determining his/her will, his/her legal
representative shall be competent to consent to the transfer.
2. Other Requirements
Model Agreement on the Transfer of Foreign Prisoners 20
10. A transfer shall be made only on the basis of a final and definitive sentence having
executive force.
11. At the time of the request for a transfer, the prisoner shall, as a general rule, still
have to serve at least six months of the sentence. A transfer should, however, be
granted also in cases of indeterminate sentences.
12. The decision whether to transfer a prisoner shall be taken without any delay.
13. The person transferred for the enforcement of a sentence passed in the sentencing
state may not be tried again in the administering state for the same act upon which the
sentence to be executed is based.
3. Procedural Regulations
Model Agreement on the Transfer of Foreign Prisoners 21
14. The competent authorities of the administering state shall:
(a) continue the enforcement of the sentence immediately or through a
court or administrative order, or
20
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
21
Supra, note
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(b) convert the sentence, thereby substituting for the sanction imposed
in the sentencing state a sanction prescribed by the law of the
administering state for a corresponding offence.
15. In the case of continued enforcement, the administering state shall be bound by the
legal nature and duration of the sentence as determined by the sentencing state. If
however, this sentence is, by its nature or duration, incompatible with the law of the
administering state, this state may adapt the sanction to the punishment or measure
prescribed by its own law for a corresponding offence.
16. In the case of conversion of sentence, the administering state shall be entitled to
adapt the sanction as to its nature or duration according to its national law, taking into
due consideration the sentence passed in the sentencing state. A sanction involving
deprivation of liberty shall, however, not be converted to a pecuniary sanction.
17. The administering state shall be bound by the findings as to the facts insofar as they
appear from the judgement imposed in the sentencing state. Thus, the sentencing state
has the sole competence for a review of the sentence.
18. The period of deprivation of liberty already served by the sentenced person in either
state shall be fully deducted from the final sentence.
19. A transfer shall in no case lead to an aggravation of the situation of the prisoner.
20. Any costs incurred because of a transfer and related to transportation should be
borne by the administering state, unless otherwise decided by both the sentencing and
administering states.
4. Enforcement and Pardon
Model Agreement on the Transfer of Foreign Prisoners 22
21. The law of the administering state shall govern the enforcement of the sentence.
22. Both the sentencing and the administering state shall be competent to grant pardon
and amnesty.
22
Supra, note
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E. INMATE DEATHS
see also III INMATE RIGHTS AND TREATMENT OF PRISONERS
1. General
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 23
Principle 34
Whenever the death or disappearance of a detained person occurs during his/her
detention or imprisonment, an inquiry into the cause of death or disappearance shall be
held by a judicial or other authority, either on his/her own motion or at the insistence of
a family member or such a person who has knowledge of the case. When
circumstances so warrant, such an inquiry shall be held on the same procedural basis
whenever the death or disappearance occurs shortly after the termination of the
detention or imprisonment. The findings of such an inquiry or a report thereon shall be
made available upon request, unless doing so would jeopardise an ongoing criminal
investigation.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 24
Principle 22
Governments and law enforcement agencies shall establish effective reporting and
review procedures for all incidents referred to in Principles 6 and 11.1. For incidents
reported pursuant to these principles, governments and law enforcement agencies shall
ensure that an effective review process is available and that independent administrative
or prosecutorial authorities are in a position to exercise jurisdiction in appropriate
circumstances. In cases of death and serious injury or other grave consequences, a
detailed report shall be sent promptly to the competent authorities responsible for
administrative review and judicial control.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment
Principle 34
Whenever the death or disappearance of a detained or imprisoned person occurs during
his detention or imprisonment, an inquiry into the cause of death or disappearance shall
be held by a judicial or other authority, either on its own motion or at the instance of a
23
General Assembly Resolution 43/173 of 9 December 1988.
24
Supra, note
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member of the family of such a person or any person who has knowledge of the case.
When circumstances so warrant, such an inquiry shall be held on the same procedural
basis whenever the death or disappearance occurs shortly after the termination of the
detention or imprisonment. The findings of such inquiry or a report thereon shall be
made available upon request, unless doing so would jeopardise an ongoing criminal
investigation.
2. Death of Juvenile Inmates
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
25
Rule 57
Upon the death of a juvenile during the period of deprivation of liberty, the nearest
relative should have the right to inspect the death certificate, see the body and determine
the method of disposal of the body. Upon the death of a juvenile, there should be an
independent inquiry into the cause of death, the report of which should be made
accessible to the nearest relative. This inquiry should also be made when the death of a
juvenile occurs within six months from the date of his or her release from the detention
facility and there is reason to believe that the death is related to the period of detention.
F. RELEASE OF INMATES
Declaration on the Protection of all Persons from Enforced Disappearance 26
Article 11
All persons deprived of liberty must be released in a manner permitting reliable
verification that they have actually been released and, further, have been released in
conditions in which their physical integrity and ability to exercise their rights are assured.
25
Supra, note
26
Supra, note
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PART TWO: PROPOSED PRISON POLICY
GUIDING PRINCIPLES OF CORRECTIONAL SERVICES
The purpose of the correctional system is to contribute to the maintenance of a just, peaceful
and safe society by:
(a) carrying out sentences imposed by courts through the safe and humane custody
and supervision of offenders; and
(b) assisting the rehabilitation of offenders and their reintegration into the
community as law-abiding citizens through the provision of programs in
prisons and in the community.
The principles that shall guide the service in achieving the purpose referred to above are:
1. That the protection of society be the paramount consideration in the corrections
process.
2. That the sentence be carried out having regard for all relevant available information
including the stated reasons and recommendations of the sentencing judge, other
information from the trial or sentencing process, the release policies and information
obtained from victims and offenders.
3. That the service use the least restrictive measures consistent with the protection of the
public, staff members and offenders.
4. That offenders retain the rights and privileges of all members of society, except those
rights and privileges that are necessarily removed or restricted as a consequence of the
sentence.
5. That staff members be properly selected and trained, and be given:
(a) appropriate career development opportunities,
(b) good working conditions, including a workplace environment that is free of
practices that undermine a person’s sense of persona l dignity, and
(c) opportunities to participate in the development of correctional policies and
programs.
6. That correctional policies, programs and practices respect gender, ethnic, cultural
and linguistic differences and be responsive to the special needs of women, as well as to
the needs of other groups of offenders with special requirements.
7. That offenders are expected to obey prison rules and conditions governing
temporary absence, work release, parole and statutory release, and to actively
participate in programs designed to promote their rehabilitation and reintegration.
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8. That the service enhance its effectiveness and openness through the timely exchange
of relevant information with other components of the criminal justice system, and
through communication about its correctional policies and programs to offenders,
victims and the public.
9. That the service facilitate the involvement of members of the public in matters
relating to the operations of the service.
10. That correctional decisions be made in a forthright and fair manner, with
access by the offender to an effective grievance procedure.
A. STAFF MANAGEMENT
1. Training and Qualifications
1.(a) Staff Training
Management has the responsibility to ensure that all staff are trained to the required level.
1.(a)(i) Prison Service Policy
The service shall have policies and procedures which address the following staff training issues:
(i) Roles and responsibilities for those supervising staff members undertaking the training
offered.
(ii) The establishment of standards against which the section responsible for staff training
can measure the performance of staff members on training courses.
Discussion:
The intent of the standard is to delineate the relative responsibilities of
operational managers and the training section regarding the establishment of
training programs and the supervision and evaluation of staff while engaged
in training activities.
1.(a)(ii) Training Information
The section of the prison service responsible for staff training shall circulate to all staff, at least
annually, a description of available training and development programs and related policies.
The section responsible for staff training shall prepare and circulate to all staff, on a timely basis,
descriptions of procedures and policies governing participation in in-service and out-of-service
training and development programs.
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1.(a)(iii) Standards Information
It shall be the responsibility of all supervisors/managers to ensure that staff have available to
them all applicable legislation, regulations, policies, standards and procedures of the prison
service which pertain to their jobs.
Each prison and administrative office shall develop and implement a strategy designed to ensure
that all staff are aware of all applicable organisational goals, standards, policies, and procedures.
1.(a)(iv) Upgrading
Management shall identify and communicate to the section responsible for staff training
requirements for upgrading arising from legislative decisions, policy formulations and changes.
The section responsible for staff training shall develop and propose strategies for ensuring the
immediate upgrading of staff in response to new legislative/policy initiatives.
1.(a)(v) Training Supervisors
All persons newly appointed to positions involving supervision of personnel shall undertake, as a
component of basic requisite management training, a program assessing the effective
administration of both the master and relevant component contracts/labour agreements.
1.(b) Staff Performance- Evaluations/Appraisals
The prison shall ensure that periodic staff performance evaluations/appraisals are conducted.
Evaluations/appraisals shall be based upon policy, standards and other applicable performance
indicators. Further, the prison service shall implement:
(a) explicit performance expectation guidelines and indicators for each job classification
across the service; and
(b) measures to encourage consistent application of criteria by supervisors/managers in
the conduct of evaluations/appraisals.
Discussion:
The intent of the standard is to ensure that all incumbents in each job
classification are evaluated/appraised in a comparable and consistent
manner across the organisation.
Written appraisals/evaluations of performance shall be completed by the supervisor on all
newly-employed staff members upon completion of the first, fourth and sixth month of initial
probationary employment.
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2. Staff Files
2.(a) Training and Development Records
The prison service shall ensure that all training and development activities on the part of all staff
members are recorded. The record shall be characterised as follows:
(i) An individual training and development history for each staff member employed by
the organisation
(ii) The inclusion of all employment-related educational and training events in which each
staff member has participated
(iii) The identification of all jobs/positions/classifications held by each staff member while
employed by the institution
(iv) The inclusion of details pertaining to each special project/secondment/acting
capacity/unusual or extraordinary contribution that illustrates an employee’s capacity to
accept increased responsibilities or new assignments in the future
2.(b) General Files
The prison service shall have policies and procedures to govern the creation and retention of
files containing training and development records and other staff information. Policies shall
address the following issues:
(i) Circumstances in which files on staff members are to be opened
(ii) The content of various types of authorised files
(iii) Procedures for ensuring accuracy and completeness of personnel files
(iv) Circumstances for closing of personnel files
(v) The need for and types of files maintained in the public service outside the branch
(vi) Access to files, authority to grant access and procedures for amending and
correcting files
Discussion:
The intent of the standard is to limit the creation of unnecessary files and to
ensure the completeness and accuracy of file content.
2.(c) Inactive Files
The prison service shall have policies and procedures which specify:
(i) The maximum periods of retention before destruction of various types of
inactive individual subject files
(ii) The types or categories of information (if any) which may be retained by the
service subsequent to destruction of inactive individual subject files
(iii) Any types or categories of information which must be stricken from inactive
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individual subject files prior to the passage of the full period of inactivity before
scheduled file destruction
(iv) The manner in which files that have been inactive for a specified period of time are
to be partially or fully destroyed or otherwise removed from routine
access
3. Circulation of Prison Policy and Modifications
Prison service policy shall be issued in a style and format that clearly distinguishes the
document(s) as service policy and organises the statements for inclusion in an ongoing
compilation of current policy.
Discussion:
The intent of the standard is to ensure that policy directives are immediately
distinguishable as such and lend themselves to collection, retention and
quick access and retrieval.
Changes and modifications in prison policy shall be circulated to all affected staff members at
least two calendar weeks prior to the implementation of the change.
All staff members shall be accountable for knowing and complying with all applicable
organisational goals, standards, policies and procedures.
4. Dress Regulations and Staff Deportment
4.(a) Preamble
Prison personnel are professionals within the justice system and are required to contribute a high
standard of expertise and skill in the performance of their duties. It is, therefore, in the view of
the service, incumbent upon employees to present themselves in appearance and through
performance, in a manner that reflects this expertise and skill.
The dress regulations contained within this section are issued to cover both male and female
uniformed officers. They are designed to cover general as well as specific items of apparel
issued to individual officers.
4.(b) Uniformed Staff
4.(b)(i) General
Officers shall wear full seasonal dress while on duty both on and off the institutional property
unless otherwise instructed by the prison warden of the centre.
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Officers who are to attend court or coroner’s inquests as a result of an incident arising from the
performance of their duties are to appear in uniform.
When off duty, no part of the issue uniform will be worn, except for travel to and from the work
location.
All officers required to return to the institution in an emergency will report in uniform, unless
otherwise instructed.
Officers who choose to wear civilian clothes to work and change to seasonal dress may do so
but must be changed into uniform at commencement of shift. Under no circumstances may a
staff member wear combined civilian and uniform issue clothing while on duty.
Officers shall keep their uniforms neat, clean and in good repair.
Officers may not alter the original style of their uniforms unless approved in advance by the
director.
The wearing of personal accessories such as jewellery is not allowed unless authorised by the
director.
4.(b)(ii) Hair Style
Officers’ hair styling should be of such style and length as to comply with health and safety
regulations and be in keeping with the standards of their profession. Male employees’ hair shall
not exceed collar length.
4.(b)(iii) Beards/Moustaches
Beards and moustaches may be worn provided they are kept clean, neat and groomed, and do
not exceed one inch in length. Staff whose duties require the use of breathing apparati shall
remain clean-shaven where the mask or respirator seals with the face, in compliance with
industrial health and safety regulations.
4.(b)(iv) Caps (Specific to type of cap/beret)
The cap will be worn level on an officer’s head.
No foreign material such as coloured paper or cloth is allowed behind the cap badge.
Wires or stiffeners will not be removed or bent.
The cap badge will be worn in the centre of cap, as indicted by the seam on the cap, with the
bottom edge of the badge just below the inside of the top edge of the cap strap, as indicated by
the badge’s bottom edge shape.
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The cap strap and peak must be kept tight and clean.
Uniform caps will not be worn with blazers.
4.(b)(v) Ties
Officers will wear issue ties only.
Ties will be worn snug with top button of shirt fastened.
When in uniform, other than summer issue, officers are required to wear their ties when:
(a) dealing with the public at their regular work stations (e.g. reception, visiting),
(b) outside the prison,
(c) in public, and
(d) attending special events, including training programs.
4.(b)(vi) Shirts
Shirts will be issue only.
Shirt pockets will be buttoned at all times.
When an officer is in summer dress (where applicable), shirts may be worn with only the top
button unfastened with no undershirt visible.
4.(b)(vii) Blouses
Blouses will be issue only.
Blouses will be worn “tucked in”.
Blouses will be worn with the top button fastened at all times.
4.(b)(viii) Patrol Jackets
Patrol jackets will be worn at times and in areas specified by the prison warden.
Patrol jackets will be done up when worn.
Officers are cautioned against the practice of loading patrol jackets or blouse and shirt pockets
with articles which detract from their appearance.
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4.(b)(ix) Blazers
Civilian attire is not to be worn with issue blazers.
Summer issue shirts, when worn with the blazer are to be worn with the shirt collar over the
lapel of the jacket.
4.(b)(x) Skirts/Slacks/Trousers
Shirts, slacks and trousers are to be worn with issue belt only.
4.(b)(xi) Footwear
Footwear is to be issue only, except when a qualified medical practitioner or the occupational
health department recommend alternate footwear.
Issue footwear is to be shined, in good repair and neatly laced and tied.
Socks are to be issue.
4.(b)(xii) Insignia
Only approved rank insignia is to be worn in the manner directed by the commissioner of
prisons.
4.(c) Non-Uniformed Staff
4.(c)(i) Civilian Clothing
Some prison personnel working in locations such as community prisons, may be authorised to
wear civilian clothing.
4.(c)(ii) Clothing
Officers shall keep their clothing neat, clean, and in good repair.
Officers who attend court or coroner’s inquests as a result of an incident rising from the
performance of their duties, are to appear in the appropriate attire as follows:
(a) Male staff shall wear:
(i) Sports jacket and dress slacks, with shirt and tie, or
(ii) Business or leisure suit with shirt and tie.
(b) Female staff shall wear:
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(i) Business suit, or
(ii) Dress, or
(iii) Dress/slacks/skirt and appropriate top.
Attire when in public or on the job site may be more casual, but appropriate to the profession.
For example, male staff may wear slacks and a shirt with or without a tie, and female staff may
wear slacks or a skirt with an appropriate top.
4.(c)(iii) Hair Style
Officers’ hair styles should be of such style and length in keeping with the standard of their
profession.
4.(c)(iv) Beards/Moustaches
Beards and moustaches may be worn provided they are kept neat and groomed.
4.(d) Staff Training Officers
Staff training is an extension of the work place focusing on the professional development of
employees often in conjunction with colleagues or related professions. Consequently, prison
staff trainers must dress according to the same standards of dress as those employees attending
the training program.
Where both uniformed and non-uniformed officers are attending, the director of staff
development will determine the dress for trainers.
Uniforms will be issued to training staff and must be worn in accordance with:
(i) The regulations governing prison personnel above
(ii) When on duty, at times and on occasions as directed by the director of staff
development
B. ADMISSIONS AND RECORDS
1. Reception of Inmates
1.(a) Documentation
A person who is sentenced, committed or transferred to a penitentiary may not be received into
any penitentiary and any designation of a particular penitentiary if the warrant of committal is of
no force or effect.
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It is the ultimate responsibility of the prison warden to ensure that no inmate is admitted into
custody unless one of the following legal documents is produced at the time of admission:
(i) Warrant for committal
(ii) Warrant remanding an inmate
(iii) An order issued by a judge or by the court of appeal directing a person be held in
custody
(iv) As a warrant issued by the parole board or a judge, suspending, revoking or
forfeiting a period of parole
(v) An order issued by an immigration officer directing a person be held in custody
pending an inquiry into the person’s citizenship or deportation to the country of origin
(vi) An order issued by a county court judge, supreme court judge, court of
appeal or the supreme court of the country committing a person to a prison
An appeal court order has the same force as a warrant of committal. The appeal court order
replaces the original warrant of committal. Sentences must be recalculated as a result of the
appeal.
1.(b) Warrant of Committal
This warrant is also called a ‘Detention Order’. It can hold an inmate in custody for an
indefinite period of time.
A person who is sentenced, committed or transferred to a penitentiary may not be received into
any penitentiary, and any designation of a particular penitentiary, if the warrant of committal is of
no force or effect.
1.(c) Warrants Naming a Specific Correctional Centre
Although the courts may order an offender to be committed to a specific prison, the prison
service has the authority to:
(a) receive inmates from any part of the country in any prison, and
(b) transfer inmates confined in one prison to another.
When a warrant of committal ordering the accused into a specific prison is received by a prison
other than the one named in the warrant, that prison shall nevertheless admit the inmate and hold
him, or her, pending an initial classification decision by a classification officer. The prison
admitting the inmate shall enter the necessary information on the inmate’s transfer log transferring
the inmate from the prison named in the warrant to the admitting prison.
2. Interpretation of Warrants
2.(a) General
The following steps should be taken when making an interpretation:
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1. Sort all warrants by the date of sentencing.
2. Check each warrant of committal and find any time to be satisfied in default of
payment of a fine.
3. Check the offence code on each warrant of committal; note any sentences of
escaping lawful custody.
4. Check the date of conviction on the warrant of committal.
5. Examine the first warrant and determine if more than one sentence is indicated;
determine the concurrent or consecutive nature of each sentence.
6. If the sentences are not clearly stated as consecutive terms of incarceration, they must
always be interpreted as concurrent terms. Clarification should always be sought from
the court concerning the intent of sentence.
The following is a basic check to aid in determining the validity of a warrant:
(i) Is the person named on the warrant the person actually brought in by the
Sheriffs?
(ii) Offence and sentence:
(iii) Is the warrant dated properly on the bottom?
(iv) Is there a signature of the court clerk or justice of the peace or judge?
2.(b) Ambiguous Warrants
When a warrant of committal is received by a prison that:
(a) prescribes a sentence which appears to be contrary to the statutes, or
(b) prescribes a sentence in which the intent of the court in relation to other warrants
held on an inmate is ambiguous, or
(c) is otherwise ambiguous, clarification from the court issuing the document should be
obtained.
Problems with interpretation of documents are usually not related to a single warrant but more
frequently involve a number of warrants that have been issued by various courts over a period
of time.
2.(c) Interpreting Warrants of Committal Where a Fine is Imposed
A warrant of committal with a fine usually has a ‘time to pay’ clause and thus the inmate is
brought into custody. Where the time to pay has not expired, the records officer shall ensure
that it is noted on the warrant of committal or on a separate form that the inmate has waived
his/her time to pay.
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A sentence imposed in default of a fine payment commences on the date the warrant of
committal is executed. No time served prior to the date of execution counts as part of the term
of imprisonment.
Where a term of imprisonment is imposed in default of payment of a fine, the term shall, upon
payment of a part of the fine whether the payment was made before or after the issue of a
warrant of committal, be reduced by the number of days that bears the same proportion to the
number of days in a term as the part paid bears to the total penalty.
An inmate shall receive full credit towards his/her fine payment for each day or portion thereof
spent in custody, including the day of release. An inmate does not pay for his/her day of
release.
Where an inmate has more than one warrant with a fine, the amount of fines shall be considered
to be consecutive, while the time, unless it is specified consecutive, is calculated as concurrent.
2.(d) Remand Warrant
The remand warrant can only legally detain the inmate until the date he/she is remanded to. At
that date the person must go before the court for another disposition.
2.(e) Advice After Committal for Trial
After a person has been committed for trial, the court will often send the above order. This is
not a document that provides legal custody. Its purpose is to inform the prison that the inmate
has been committed for trial.
2.(f) Warrant of Committal Upon Conviction
This warrant usually lists the sentence the inmate received at court. Attached to the back of the
warrant, or listed on the front of it, is the information which details the account of the offence.
This warrant is also used in fine non-payment. It is important to note that the time to pay has
expired or has been waived and the warrant may also have to be executed.
2.(g) Order for the Attendance of the Inmate
An order for the attendance of an inmate is not a warrant; it is only a letter specifying the date
when an inmate is to appear in court. This order is often referred to as a ‘spring’ order.
2.(h) Executing Warrants
In some instances, records officers must execute a warrant. The proper procedure for this is:
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1. Tell the inmate what you are doing and your authority for doing so.
2. Read the entire warrant to the inmate.
3. Ensure the inmate understands what you have read.
4. Sign the bottom of the warrant- Executed By- your position title, date, and time of
execution.
5. Check the box provided on Part 3, indicating that the warrant has been executed and
return that copy to the originating court registry.
2.(i) Judge’s Letter Interpreting Warrants
A judge’s letter cannot vary a warrant of committal. The letter may serve at most to clarify any
ambiguity in the warrant. Where it is clear that a judge’s letter purports to vary a warrant, the
judge should be requested to furnish the prison with an amended warrant.
2.(j) Request for Copies of Warrants
When lawyers request copies of committal warrants for an inmate, there shall be no legal bar to
the institution supplying such copies to the lawyer.
3. Duties of Records Supervisors
Under the supervision of the prison warden, the officer in charge of the records department
plans, executes, controls and administers the policy herein to ensure that inmates are legally
incarcerated and detained in custody.
The officer in charge of records shall ensure that upon admission and release, all committal
documents are in order.
The officer in charge of records shall ensure that staff assigned to records receive training in the
use and the location of case files or other instruments.
The officer in charge of records shall ensure that all documents and dates are entered correctly
into an appropriate system and shall verify the accuracy of dates calculated.
During imprisonment, records officers shall ensure the legality of the detention of the inmate by
updating and revising the discharge date according to:
(i) Additional warrants and/or court orders
(ii) Administrative decisions regarding loss of remission
(iii) Administrative decisions regarding failure to earn remission
(iv) Administrative decisions restoring forfeited remission
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(v) Other information affecting the calculation of sentence (escape, parole)
The records officer shall ensure for those inmates awaiting trial:
(i) The bail review report is forwarded to the court before the time period elapses
(ii) All awaiting trial warrants are properly entered in the system
(iii) Upon sentence, the records officer shall ensure all related awaiting trial information
is cleared from the system
4. Records Procedures
4.(a) Medical Certificate
The prison warden may refuse to admit an inmate into custody unless there is, for that inmate, a
certificate of a duly qualified medical practitioner certifying:
(i) The state of health of the person
(ii) That the inmate is fit for transfer
(iii) That the inmate is free from any infectious or contagious disease
4.(b) Time of Admission
An inmate shall be admitted to a prison between the hours of 0800 and 1600 Monday through
Saturday, excepting holidays, and at such other times as authorised by the prison warden.
4.(c) Search of Inmate
On admission of an inmate to a prison, the inmate and his/her possessions shall be searched by
an officer of the same gender. When in the opinion of the officer an inmate possesses drugs,
weapons, or any other objects which may threaten the management, operation, discipline, or
security of a prison, the officer shall take possession of the object, clearly mark its rightful owner
and hold it in a secure place identified for such a purpose.
4.(d) Case File Checks
All inmates being admitted to a prison shall have their names searched through the service case
file to determine:
(i) Previous prison service number that can be reissued if the inmate is found on the
system
(ii) Custody status (i.e. a.w.o.l., parole suspension, federal or provincially sentenced
inmate) which should be conducted by a trained records officer
An inmate should only be on one prison count. Where it is found that he/she is on another
prison’s count, prison personnel should be contacted so they can release the inmate from their
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count. The prison shall then forward all documents. Receiving prison personnel should update
the transfer log transferring the inmate to their facility.
4.(e) Inmate Numbers
Each prison will be provided with a series of numbers to each institution. Where it is
determined that an inmate has never been held in a prison, the records officer may assign the
inmate a number from this list. Where a records officer determines that an inmate number has
been duplicated, this should be reported immediately to the officer in charge of records.
4.(f) Hospital Coverage
When a duly qualified medical practitioner admits an inmate to a hospital as an inpatient, the
prison shall not assume legal custodial responsibility of the inmate until receiving the appropriate
legal documentation.
4.(g) Immigration Query
Upon admission to a prison, the records officer must determine the citizenship of the inmate. If
the birthplace is outside of the country, and he/she does not have local citizenship, the records
officer should contact the nearest immigration office requesting verification of citizenship. A
copy of the warrant should be sent with a covering letter outlining the term of imprisonment,
earliest release date, and the date and place of birth. If the inmate is deportable, immigration
will issue a deportation order. Once a deportation order is received it should be entered into
the system.
4.(h) Fingerprint Record of Sentenced Inmates
A procedure should be implemented whereby a copy of the fingerprint record should
accompany the warrant of committal upon admission of an inmate sentenced to imprisonment
for an indictable offence. This must be achieved through the cooperation of the court clerk,
crown counsel, sheriffs and the various police forces.
If on admission, or within seventy-two hours, a fingerprint record has not been received, the
records office of the police agency which has jurisdiction, should be contacted and a copy of
that record requested.
If the inmate is subsequently transferred to a prison, the fingerprint record is to accompany the
warrant of committal.
4.(i) Criminal Record of Inmates Awaiting Trial
A similar understanding should be reached regarding the transfer and admission of persons
awaiting trial. When an inmate is turned over to the sheriff services, they should be advised by
the police if the inmate is considered dangerous to him/herself or others, likely to attempt
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escape, mentally ill, etc., when known, so that the necessary precautions can be taken by sheriff
services. Sheriff services should alert the prison when delivering the inmate accordingly. If the
inmate is remanded in custody, a copy of the criminal record should be conveyed by the police
to the prison as soon as it is available.
5. Information to Inmates upon Admission
Each prison shall make available the following information to each inmate upon admission:
(i) A copy of the prison rules and regulations
(ii) Information pertaining to religious programs and access thereto
In addition, each sentenced inmate shall be made aware, upon admission, of:
(i) Current parole criteria and application procedures
(ii) Current temporary absence criteria and application procedures
Any change in the rules and regulations shall be immediately conveyed in writing to all inmates or
posted on a bulletin board by the officer in charge.
Where access to the information obtained by the service is requested by the offender in writing,
the offender shall be provided with access to such information.
Where an offender who has been given access to information by the service believes that there
is an error or omission therein,
(a) the offender may request the service to correct the information; and
(b) where the request is refused, the service shall attach a notation to the information
indicating that the offender has requested a correction and setting out the correction
requested.
6. Issuing of Clothing and Bedding
Inmates arriving during normal operating hours shall be issued clothing and bedding.
Inmates arriving during silent hours will be issued bedding and will draw clothing at institutional
services during the next normal operating day.
7. Inmate Personal Effects
7.(a) General
“Personal effects” means the properties rightfully possessed by an inmate or properties
delivered in his/her name to a prison. The following guidelines will ensure the security of and
respect for a prisoner’s personal belongings.
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7.(b) Acceptance of Inmate Effects
A prison shall accept whatever personal effects are in the possession of an inmate upon
admission to the centre.
Upon admission to a prison, an inmate’s personal clothing shall be stored.
Items of value which are considered desirable and subject to possible misplacement or removal,
such as jewellery, money, etc., shall be stored in a separate secure place or preferably sent
home at the inmate’s personal expense.
Every effort shall be made to send home or to another location specified by an inmate, large,
bulky, difficult or impossible to store articles, at the inmate’s personal expense.
Unnecessary items received by mail or brought in by visitors shall be returned or refused.
7.(c) Retention of Personal Effects by Inmates
Inmates shall be allowed to retain in their possession articles of personal property when that
possession does not represent a security risk or management problem for the prison.
7.(d) Personal Effects Forms
Personal effects shall be recorded in the following manner:
(i) The form shall identify the inmate, the prison of admission, and the date of admission
(ii) All personal effects being placed into storage at the time of initial admission shall be
recorded
(iii) Storage location will be indicated, for those centres with more than one location
(iv) The condition of the items shall be recorded and will provide some information
should items be lost and a claim submitted
(v) Jewellery and other valuables will be described and the estimated value given by the
inmate will be recorded
Where there are probable grounds to believe an inmate has dangerous contraband contained
within his/her personal effects, a staff member will search all of the inmate’s effects, in the
presence of the inmate. All effects containers will be sealed by the officer and witnessed by the
inmate, both of whom will sign their names over the seal in legible hand writing. Effects
containers will be tagged for identification and placed in secure storage. They will be recorded,
for example, as one sealed box.
After all effects have been recorded, a line will be drawn through the unused lines. The inmate
and staff will sign below, indicating the listing to be complete and accurate.
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Items added to the inmate’s effects after he/she is in custody shall be recorded. Additions will
only be made where it is essential that the inmate have the item for release, and the prison
warden has given written approval to the item being essential. When the item is brought to
records, the inmate will be present to sign for receipt to the same or he/she will sign a written
request to add this to his/her effects (attached to form).
Items that the inmate will keep in his/her possession shall be recorded. The inmate and staff
shall record their signatures accordingly, thereby acknowledging that the inmate has been told
he/she is fully responsible for the items and absolving the prison service of liability. When an
inmate is allowed to receive an item from storage into his/her possession, he/she will apply in
writing to the warden. If the warden approves, he/she will sign the request and it will be sent to
records and attached to the form. The staff member releasing the item to the inmate will record
this and sign accordingly.
When an inmate is transferred to another prison, a form will be forwarded in the warrant file.
The sending prison will keep a photocopy for possible future reference. The prison transferring
the inmate will complete a line of information and have the inmate also sign that all personal
effects are accounted for. The receiving prison, upon admitting the inmate, will check effects
against the items recorded and complete the next line of information with staff and inmate
signatures. Any discrepancies should be noted in writing by admitting staff to their supervisor
for action.
Hobby materials purchased or produced while in custody will not be included in personal effects
at the time of transfer between districts. They will be recorded on the appropriate form. Each
prison warden will be responsible for developing his/her own policy on storage and disposal of
hobby materials and products for inmates transferred away from the district.
Once an item has been entered on the form, the entry shall not in any way be altered.
All temporary release of items, return of items or disposition of items shall be recorded in the
appropriate section.
When an inmate wishes to release any of his/her effects to someone in the community, he/she
will inform the prison warden of this in writing. The approved request will be sent to records,
and the release of effects recorded. The visitor will sign a receipt accordingly.
When an inmate is transferred between prisons, the transferring centre shall assume
responsibility for the movement of all effects not taken by the escort or inmate.
The transferring or discharging centre shall appropriately compensate for personal effects that
the prison is responsible for which cannot be produced on transfer or discharge from custody of
an inmate.
7.(e) Inmates Transported Long Distances for Court
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An inmate transported a long distance (e.g. isolated area) to appear in court and whose
continued custody is not required should he/she be released at court, may be given his/her
personal effects and monies upon his/her departure.
7.(f) Storage of Inmate Effects on Discharge/Escape/Transfer
The prison warden shall be responsible for storing in a safe place, personal effects left by an
inmate on discharge/escape/transfer, or for other such reasons. Some will be forwarded at the
inmate’s request and expense, if expense is incurred, where it is known that the inmate is in legal
custody, or has been discharged from custody.
Personal effects retained by the inmate and left in the unit or elsewhere by reason of release as
mentioned above, are the responsibility of the inmate. However, the prison will collect available
effects and inventory.
7.(g) Seizure of Inmate Effects by Police or Other Agencies
When the police or other agencies request to see the personal property of an inmate who is
admitted to a prison, or wish to take possession of certain personal property in respect of their
investigation, or to produce property as evidence at an ongoing trial, a search warrant shall be
requested to cover such a seizure.
7.(h) Disposal of Abandoned Clothing and Personal Effects
Any items of clothing or any personal effects not claimed by an inmate within six months of the
day of his/her release, transfer or escape, become the property of the crown in right of the
province/state.
The prison warden shall ensure that each inmate, upon admission to the centre, formally
acknowledges that any property he/she abandons within the definition of the prison rules and
regulations is subject to disposal.
The prison warden has the responsibility to dispose of all other items of the inmate’s property,
subject to the following considerations:
(i) If his/her estimate of the total face value of the property exceeds five hundred dollars,
then the prison warden shall, before ordering disposal of the property, make reasonable
endeavours to contact the inmate (e.g. by double registered letter to last known
address) in order to return it to the inmate
(ii) If there is amongst the personal effects, any document or item which is likely to
represent a considerable financial loss or other hardship to the inmate or a third party if
disposed, then the prison warden may determine if more exhaustive endeavours, such as
the placing of a newspaper advertisement, are appropriate in order to contact the
inmate
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7.(i) Need to Document Actions Taken
The prison warden must ensure that all actions taken to return clothing and personal effects to
an inmate are appropriately documented and that, prior to disposal, an itemised list is placed in
the inmate’s file. The disposal list shall be signed and dated by the prison warden before a
witness who shall also sign. The list shall include:
(a) the condition and estimated face value of each item,
(b) a full description of each item by colour, make, serial number (where applicable),
and
(c) the manner in which each item was disposed.
If ownership of any inmate property subject to disposal is unknown, then the list shall be placed
in a central file at the prison.
If, in the opinion of the prison warden, the property abandoned by an inmate is of no intrinsic
value, then the warden may order that:
(a) the property be destroyed, or
(b) where clothing or footwear is involved, that it be furnished to other inmates who,
upon discharge, are in need of adequate clothing and footwear.
If, in the opinion of the prison warden, the property abandoned by an inmate is of some intrinsic
value, although not of considerable value, and reasonable efforts to contact the inmate have
produced no result, then the prison warden may order that the property:
(a) be donated to a charitable organisation, or
(b) be sold through a consignment store or locally accredited auction, and the monies
received deposited to the account of the centre’s inmate welfare fund.
C. INMATE FILES
1. General
The prison warden of each prison shall be responsible for the establishment and preparation of
inmate files and shall ensure inmate files are properly maintained, stored and/or transferred.
In each case, a minimum of three files shall be established on each inmate and housed as
follows:
File Name
Located
(a) Warrant file Records office
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(b) Medical file Health care centre within the prison
(responsibility of medical staff)
(c) Progress file
Living units, sentence management unit
Each of the three inmate files will contain (generally) the following information/documentation:
(a) Warrant File
(i) Identification card and custody report with photo
(record sheet if using the manual system)
(ii) All original warrants and custody documents including:
probation orders, parole certificates, temporary absence
authorisation permits with original signatures, escape forms,
transfer log, remission awards and infractions
(iii) Personal effects records
(b) Medical File
(i) Identification card and custody report
(record sheet if manual system)
(ii) Intake medical and all medical records including dental
(iii) Psychological evaluations and related reports
(c) Progress File
(i) Identification card, with photo
(ii) Custody report
(iii) Classification report
(iv) Case file history
(v) Pre-sentence report
(vi) Remission awards
(vii) Temporary absence/parole applications
(viii) Community assessments
(ix) General correspondence
(x) Mini progress file with activity records and progress log
sheets recording staff comments on work, behaviour, and
attitude, including transfer and closing summaries
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(xi) Case management plan
A standardised file jacket of heavy gauged material will be utilised for all files. The progress file
will use fasteners on both sides to be used for archiving. The file shall also be standardised and
must have a top tab for the inmate’s name with a side tab for the prison service number.
2. Progress Files
2.(a) Purpose
A progress file contains the observations and assessments by corrections staff on the inmates.
This file is very important and provides the necessary information for the following purposes:
(i) Classification, re-classification and transfer
(ii) Sentence planning
(iii) Counselling
(iv) Temporary absence and parole considerations
(v) Disciplinary awards and rewards
2.(b) Mini Files
A mini-progress file will be established for all new admissions. The designated primary
caseworker is responsible for establishing the mini-files. Mini-files will be stored securely in the
unit filing cabinet.
The purpose of the mini-file is to compile a record of the significant events and/or interactions in
a case, such that a continuous, clear picture of the development and current status of the case is
achieved by way of activity records and progress logs.
2.(b)(i) Activity Records
The primary caseworker shall complete an activity record at minimum once every shift cycle.
Completion of activity records are not limited to the assigned caseworker, but can be
completed by all other staff members having interactions with the inmate. Individual activity
records are forwarded and attached to the mini-file.
All entries will be clearly dated and reflect a meaningful gist of the event and/or interaction.
Comments such as “no problem”, “short chat”, or “C.A. received” are not adequate.
2.(b)(ii) Progress Logs
The case manager shall make a monthly summary in the form of a progress log on:
(i) Work/education/leisure activities including personal strengths/weaknesses
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(ii) Implementation of the sentence plan
(iii) Identify key dates/progress
(iv) Performance on temporary absence
2.(c) Review
A review of every progress file shall take place as follows:
(i) Monthly review by case manager
(ii) Monthly review by the officer in charge of the unit
(iii) Regular review of sample progress files by the warden and deputy wardens
2.(d) Maintenance of File
The unit in which the inmate resides shall be responsible for maintaining the progress file, even if
it is loaned out, and shall ensure that the progress file is transferred when the inmate is
transferred.
2.(e) Closing Summary Upon Discharge
When an inmate is discharged (including warrant expiry, release on parole, terminal temporary
absence, or probation) the officer in charge of the unit shall ensure that a closing summary is
entered on the progress log by the inmate’s case manager. The summary should include:
(i) The discharge plan - including after-care supervision
(ii) Response to the sentence plan
(iii) Problems remaining unresolved
(iv) Alternative recommendations if the inmate returns to a prison
(v) Any additional factors which are considered important
3. Preparing File Entries
In preparing narrative entries in any file, the author shall differentiate between fact and opinion in
the case record.
Discussion:
The contents of this file may come under scrutiny from a variety of sources.
Differentiation helps to avoid opinions becoming “facts” when transferring a
manual file to a new case manager. It is generally desirable to write each
entry as though the individual subject would read it.
All entries, amendments and/or deletions in and/or to individual subject files or service files,
whether manual or automatic, shall be dated and carry the identity of the staff member making
an entry, amendment and/or deletion.
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The prison service shall have policies and procedures which:
(a) define and differentiate between types and categories of information retained on
individual subject files, and
(b) define and differentiate between groups or classes or of persons and agencies
who may be granted access to the types and categories of information.
4. Issue of Files
The inmate files shall be treated as confidential.
Except in the case of emergency, the only person authorised to draw a file from the filing cabinet
is the case documentation clerk.
In the case of absence of the case documentation clerk, the prison warden will assign a person
to be responsible for the control of files.
The case documentation clerk is authorised to issue files to the following officers only:
(Sample List)
Warden
Warden’s Secretary
Deputy Warden
Deputy Warden’s Secretary
Unit Manager
Case Management Officer, Community
Case Management Officer, Institution
Correctional Officers
Chaplain
Coordinator Correctional Operations
Corrections Supervisor
Psychologists
Psychologist clerks
Coordinator Inmate Employment
Coordinator Case Management
Sentence Administrator
Chairman of Visitor Review Board
Chief Administrative Services and Records staff
Chief Health Care
Nurse (Psychiatric)
National Parole Board members
Correctional Investigator
Case Documentation clerks
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Preventive Security Officer
Others as authorised by the Warden or his/her Deputy
5. Removal of Files
The only persons authorised for removal of files from the administration area shall be the
warden, deputy warden, unit managers, coordinator of case management, correctional officers
II, case documentation clerk, sentence administrator, institution preventive security officer,
correctional supervisor and psychologists.
Secretaries to the warden, deputy warden and psychologists, may draw files for their
supervisors.
6. Conditions for Removal
Security and confidentiality of the file shall be maintained constantly. Files must be drawn on a
“needed” basis in order to perform certain aspects of duty.
The file shall not be left on a desk without the responsible officer in attendance. The file shall be
placed in a secure place when not being used.
No correspondence shall be removed from the file, no copies of correspondence on file shall be
made, and no correspondence shall be placed on file.
7. Preservation of Confidential Information
Any officers, who by the nature of their work, are exposed to confidential information, whether
it concerns inmates, officers, or general administration, must preserve the confidentiality of this
information. Failure to do so shall be considered a breach of service discipline.
8. Removal of Files from Institution
Institutional files shall not be removed from the institution by any officer, for any reason, without
the prior written consent of the prison warden.
9. Transfer of Files to Another Correctional Centre
9.(a) Transfer of Files
When an inmate is transferred to another prison, the prison warden must ensure that all files are
complete, properly organised, and that the total file(s), including the transfer log, warrants,
current custody report, and the transfer summary, is forwarded with the escorting officer.
Pre-trial facilities dealing mainly with awaiting trial inmates are only required to ensure that an
updated custody report is placed on the file prior to transferring the inmate to another facility.
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Prior to transferring an inmate from a secure prison to a lower security or non-secure facility, the
officer in charge of records shall ensure that the warrant file is reviewed. If there are current
outstanding charges for which the inmate is still remanded in custody, he/she will suspend the
transfer and notify the classification officer.
9.(b) Transportation of Files
When an inmate is transferred to another prison, the inmate’s file(s) shall be handed over to the
escorting officer. Under no circumstances shall the inmate’s file(s) be handed over to the
inmate.
9.(c) Transfer to a Prison Without Medical Facilities
Notwithstanding the above, when an inmate is transferred to a prison where no qualified medical
staff are available on either a full-time or intermittent basis, the medical file is to be retained at
the nearest prison with health care facilities.
When an inmate is transferred to a prison that does not have health care facilities, the prison
warden of the transferring prison shall ensure that a current medical summary has been placed in
the progress file.
9.(d) Forwarding of Files During Emergency Transfer
When an emergency transfer of an inmate takes place and the file(s) is not immediately available
to accompany the inmate, the records officer shall notify the receiving prison of this fact and
forward the file(s) by the end of the next working day.
10. Storage of Inactive Files
Discharge/closing summaries on the progress log shall be completed by the case manager or
designate at the time of discharge and prior to file storage. The summary should include the
reason for a security alert if applied, work/attitude/behaviour summary, and release plan.
When an inmate is discharged, either at expiration of a sentence or release on parole, the total
file shall be transferred to storage (archiving within two weeks).
11. Retention of Material
Archive files shall not contain material beyond seven years. The file shall be stripped of all
unnecessary materials, leaving only the following on file:
(i) All warrants except warrants of remand unless they are the sole custody
documents
(ii) Transfer log
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(iii) Personal effects records
(iv) Classification report(s)
(v) Discharge/closing and transfer summaries (release, transfers, and escape)
(vi) Identification card/record sheet
(vii) Temporary absence/parole applications, community assessments and pre-sentence
reports (to be kept for at least two years)
The prison warden shall delegate the person responsible to strip the respective files before they
are forwarded for archiving.
12. Retrieval of Inactive Files
Where a person is re-admitted, the case file shall be searched and the records officer shall
retrieve the inactive file from storage so that all relevant file material is available to prison staff.
Where the inactive file is stored in another prison, it shall be called for directly.
In most cases, inactive files will be located at the regional reception centre near the last prison in
which the inmate was housed prior to discharge.
13. Security Classification of Files
see IV SECURITY
14. File Information: Collection/Retention/Dissemination
14.(a) Obtaining Information About Offender
When a person is sentenced, committed or transferred to a prison, the prison service shall take
all reasonable steps to obtain, as soon as practicable:
(i) Relevant information about the offence
(ii) Relevant information about the person’s personal history, including the person’s
social, economic, criminal and young-offender history
(iii) Any reasons and recommendations relating to the sentencing or committal that are
given or made by:
(a) the court that convicts, sentences or commits the person, and
(b) any court that hears an appeal from the conviction, sentence or committal
(iv) Any reports relevant to the conviction, sentence or committal that are submitted to a
court
(v) Any other information relevant to administering the sentence or committal, including
existing information from the victim, the victim impact statement and the transcript of any
comments made by the sentencing judge regarding parole eligibility
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The prison service shall take all reasonable steps to ensure that any information about an
offender that it uses is as accurate, up-to-date, and complete as possible.
14.(b) Providing Information to Parole Boards
The service shall give, at the appropriate times, to the parole board and any body authorised by
the service to supervise offenders, all information under its control that is relevant to release
decision-making or to the supervision or surveillance of offenders.
14.(c) Disclosure of Information to Victims
At the request of the victim of an offence committed by an offender, the commissioner:
(a) shall disclose to the victim the following information about the offender:
(i) The offender’s name
(ii) The offence of which the offender was convicted and the court that
convicted the offender
(iii) The date of commencement and length of the sentence that the
offender is serving
(iv) Eligibility dates and review dates applicable to the offender under
this Act in respect of temporary absences or parole
(b) may disclose to the victim any of the following information about the offender, where
in the commissioner’s opinion the interest of the victim in such disclosure clearly
outweighs any invasion of the offender’s privacy that could result from the disclosure:
(i) The offender’s age
(ii) The location of the prison in which the sentence is being served
(iii) The date, if any, on which the offender is to be released on
temporary absence, work release, parole or statutory release
(iv) The date of any hearing for the purposes of a review
(v) Any of the conditions attached to the offender’s temporary absence
work release, parole or statutory release
(vi) The destination of the offender on any temporary absence, work
release, parole or statutory release, and whether the offender will be in
the vicinity of the victim while travelling to that destination
(vii) Whether the offender is in custody and, if not, the reason why the
offender is not in custody
D. TRANSFERS
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1. Definition
Transfer means the movement of an inmate, sentenced or unsentenced, from one prison to
another. Transfers are either for sentence management or administrative reasons.
2. Criteria for Placement and Transfer of Inmates
Where a person is, or is to be, confined in a prison, the prison service shall take all reasonable
steps to ensure that the prison in which the person is confined is one that provides the least
restrictive environment for that person, taking into account:
(i) The degree and kind of custody and control necessary for:
(a) the safety of the public,
(b) the safety of that person and other persons in the prison, and
(c) the security of the prison.
(ii) Accessibility to:
(a) the person’s home community and family,
(b) a compatible cultural environment, and
(c) a compatible linguistic environment.
(iii) The availability of appropriate programs and services and the person’s willingness to
participate in those programs.
The commissioner may transfer an inmate from one penitentiary to another prison, or from a
prison to a correctional facility or hospital.
3. Sentence Management Transfers
Sentence management transfers occur for the following reasons:
(i) Initial classification or reclassification
(ii) Bed-load management
(iii) Medical assessment
(iv) Onward movement/cascading
(v) Temporary absence approved
4. Administrative Trans fers
Administrative transfers occur for the following reasons:
(i) Moving unsentenced inmates because of overcrowding
(ii) Moving unsentenced inmates for court convenience
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(iii) An emergency exists
(iv) Escape (e.g. threat of escape, upon apprehension of escapee, where immediate
transfer to higher level of security is required to prevent inmate’s impending
escape)
(v) Non-physical transfer (i.e. when inmate is received by a prison other than the
prison specified in the warrant)
5. Authority for Transfers
The prison warden and/or the officer in charge of records has the authority to approve
administrative transfers.
The prison warden and/or the classification officer has the authority to approve sentence
management transfers.
6. Consultation
In order to ensure effective placements and efficient bed-load management, sending and
receiving prisons shall consult with each other on administrative transfers.
7. Emergency Transfer
see IV SECURITY
8. Transfer via Sheriffs Direct from Court
When an inmate is released to sheriff’s custody and is subsequently admitted to another prison,
the officer in charge of records of that centre will notify the officer in charge of records of the
centre from which the inmate was released. The latter officer in charge of records will complete
the transfer log and forward the inmate file to the appropriate prison.
9. Transfer to Another Prison
Inmate files and documentation shall accompany the inmate on transfer. Whenever possible,
this will also apply to emergency transfers. If files cannot be moved with the inmate in an
emergency transfer, the prison warden will ensure that the receiving prison receives a photocopy
of the committal documents plus any other pertinent information.
10. Suicidal/Violent Inmates
An inmate who is assessed as suicidal or violent, and whose file is identified accordingly, will not
be transferred away from secure custody. An inmate who requires protective custody, and
whose file is identified accordingly, may be transferred to lesser security but arrangements shall
be made by the classification officer to have the label removed at destination.
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11. Transfer Logs
A transfer log is a form which is prepared on an inmate at the time of his/her first transfer and
attached to the cover of the warrant file. All subsequent transfers will be recorded on this log as
they occur.
The authority approving the move will enter the necessary information- date, location, and
reason for move. He/she will print his/her name, as well as sign it. Wherever possible, the
entries will be typed. If this is not possible, entries will be printed clearly.
12. Transfer of Files
see section C 8 above
13. Transfer of Juveniles
In any instance of a youth being transferred between different correctional centre, written notice
to the parent(s) and/or guardian(s) and field probation officer concerned with the case shall be
forwarded within wenty-four hours of the transfer taking place.
Discussion:
Whenever possible, the youth in question should be involved in making
transfer decisions, where the transfer is within the same level of custody,
e.g. from one open custody to another. In every instance, written notice of
the transfer and the reasons for the transfer should be provided to the
youth’s parent(s) and/or guardian(s) and to the officer.
Where a youth is sentenced to containment and the initiation of an early release is being
considered, preparation for that release shall involve at least one trial visit to the intended
residence upon release.
E. INMATE DEATHS
see also III INMATE RIGHTS AND TREATMENT OF PRISONERS
1. Presumption of Death
Death, except in the most obvious of situations (decapitation, decomposition, etc.), should not
be presumed. Lifesaving and resuscitation should be employed immediately and continued until
directed, by medical personnel, to cease.
2. Protection of Scene
Action must be taken to protect the scene and preserve evidence.
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If death is pronounced (or certified) at the scene, the body shall not be removed until identified
by the coroner. The areas should be sealed off, photographs taken and security of evidence
ensured. No one is to have access to the area without the consent of the coroner.
If death is pronounced at a hospital, ensure the body remains there until the coroner directs
removal.
3. Coroner’s Inquest
3.(a) Purpose
The purpose of a coroner’s inquest is to determine the cause of death and to establish a finding
of fact; it is not intended to find fault.
3.(b) Requirement to Report to Coroner
A person shall immediately notify a coroner or a peace officer of the facts and circumstances
relating to a death where he/she has reason to believe that a person has died:
(a) as a result of violence, misadventure, negligence, misconduct, malpractice or suicide,
(b) by unfair means,
(c) during pregnancy or following pregnancy in circumstances that might reasonably be
attributable to pregnancy,
(d) suddenly and unexpectedly,
(e) from disease, sickness or unknown cause, for which he/she was not treated by a
medical practitioner,
(f) from any cause other than disease under circumstances that may require
investigation, or
(g) in a correctional institution, lockup or prison.
4. Board of Inquiry
There shall be a board of inquiry held with respect to all inmate deaths.
5. Reports
All reports submitted with respect to the death of an inmate shall be detailed and accurate.
Particular attention should be paid to times and dates, names of witnesses, actions taken, and
the identity of the person who last saw the deceased alive and under what circumstances.
6. Photographs
Any photographs taken should contain specific details including location, time, subject matter,
and photographer.
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7. Suicides
Where an inmate dies as a result of a suicide attempt in a prison and has been properly
pronounced dead by a medical doctor, the prison warden or officer in charge shall:
1. Inform police authorities for the required investigation
2. Inform the coroner’s office
3. Inform the commissioner, the director of inspection and standards, or equivalent
4. Advise the chaplain who will attempt to contact next of kin
8. Burials
Where an inmate dies in a prison and no relative or executor claims the body for burial,
arrangements and costs for the interment of the body in a local cemetery will be provided.
The chaplain will liase with the local cemetery and advise when the body is released by the
coroner and ready for interment.
Where it is necessary for the prison warden to take appropriate steps to have the body interred
in a local cemetery, he/she shall be guided by:
(a) a sensitivity for the respect and dignity of the deceased, and
(b) the level of service provided by local municipalities under similar
circumstances.
9. Personal Effects
Where an inmate dies in a prison, his/her personal effects shall be held in storage at the prison
until claimed by the executor or the inmate’s will. The prison is responsible for sending the
effects to the location specified by the executor.
F. RELEASE OF INMATES
1. Release of Inmates from Prison Custody
An inmate shall only be released from the custody of a prison by:
(a) an order of a court of competent jurisdiction, or
(b) by due process of law.
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2. Authority for Release
The authority for releasing an inmate from custody are:
1. Expiration of sentence, taking into consideration possible earned remission
2. Payment of fine
3. A court order releasing an inmate from the custody of the prison in the following
circumstances:
(i) Bail
(ii) Release on recognizance
(iii) Acquittal
(iv) Undertaking to appear
(v) Appeal bail
(vi) Board of parole
(vii) Temporary absence
(viii) Executive clemency
(ix) Habeas corpus
3. Releasing Time
For the purposes of release, the day of release shall be from 0001 to 2359 hours.
All inmate releases due to expiration of sentence shall occur on the actual date of sentence
expiration as indicated on the warrant and determined by sentence calculation.
4. Releases on a Sunday or Statutory Holiday
When an inmate’s projected day of release falls on a Sunday or statutory holiday, he/she may
be released under the authority of a temporary absence on a day immediately proceeding the
Sunday and/or statutory holiday.
5. Travel Warrants
Upon discharge of an inmate from custody, the prison warden shall provide the inmate with a
travel warrant to:
(a) the place where the inmate was convicted, or
(b) another place requested by the inmate, where the prison warden considers it
reasonable or necessary for the inmate to go within that province/region.
6. Illness at the Time of Discharge
Where, in the opinion of the medical officer, an inmate is suffering from an acute illness on the
day his/her sentence expires, the prison warden shall permit the inmate to remain at the prison
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until the medical officer considers the inmate medically fit, or alternate arrangements for the care
of the inmate have been made.
Where an inmate is capable of making a written request to remain at the prison, the prison
warden shall not permit the inmate to remain unless a written request is submitted.
7. Return of Clothing and Bedding on Release
Inmates being released shall be required to return to prison services all items listed except for
underwear, socks, t-shirts, shoes and/or sneakers which they may retain if they so desire.
The inmate being discharged shall pay for damage or losses to any part of the bedding pack.
8. Return of Personal Effects
All property belonging to an inmate during the period of his/her incarceration shall be returned to
and signed for by the inmate upon discharge.
9. Probation Order
Where an inmate has an outstanding probation order on the expiration of his/her sentence, the
records officer shall direct the inmate to the probation office.
10. Notification to Police
When an inmate who is nearing discharge is believed by the institution to be mentally disturbed,
has attempted suicide during incarceration, is believed to have suicidal intentions, or has made
threats of violence toward police officers or any other person, such information shall be
communicated in writing to the police.
An inmate who has been contemplating suicide should be referred upon discharge to a family
physician, mental health clinic, forensic psychiatric unit or other appropriate resource. The
inmate should also be advised that the telephone number of the nearest crisis centre may be
found on the inside front cover of the telephone directory.
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The International Centre for Crimina l La w Refo rm and Criminal Justice Policy
II CASE MANAGEMENT
II CASE MANAGEMENT
Table of Contents
PART ONE: UN GUIDELINES...............4
A. GUIDING PRINCIPLES FOR THE
MANAGEMENT OF PRISONERS....................4
1. Protection of Society, Rehabilitation and
Reintegration of Offenders ................................4
2. Replication of Community Setti ngs...................5
B. CLASSIFICATION OF INMATES ....................5
1. Classification and Individualisation of
Treatment.............................................................5
1.(a) General ......................................................5
1.(b) Separation of Categories ............................6
1.(b)(i) Convicted and Unconvicted
Persons ................................................6
1.(b)(ii) Women and Men ...........................7
1.(b)(iii) Civil and Criminal Offenders ......7
1.(b)(iv) Young Prisoners and Adults ........7
1.(c) Placement or Classification in Least
Restrictive Environment .............................8
C. SENTENCE PLANNING.....................................8
D. CORRECTIONAL PROGRAMS AND
TREATMENT OF OFFENDERS .......................8
1. Goals of Treatment...............................................8
2. Kinds of Assistance ...............................................9
2.(a) General ......................................................9
2.(b) Provision of Correctional
Personnel/Specialists..................................9
3. Education................................................................9
3.(a) Educational Programs...............................9
3.(b) Educational Materials ..............................10
4. Recreation – see V HEALTH
5. Work Programs....................................................11
5.(a) Provision of Work Programs..................11
5.(b) Objectives of Work Programs.................11
5.(c) Work Conditions......................................12
5.(c)(i) General ........................................12
5.(c)(ii) Remuneration..............................13
5.(c)(iii) Prison Administration and
Work Release.....................................13
5.(c)(iv) Health and Safety .......................13
6. Provision of Religious Programs.......................13
see also III INMATE RIGHTS AND
TREATMENT OF PRISONERS
7. Social Relations ..................................................14
7.(a) Creating Favourable Conditions for
Reintegration............................................14
7.(b) Maintaining/Establishing Social
Relations...................................................15
7.(b)(i) General........................................15
7.(b)(ii) Visits/ Correspondence...............15
8. Privileges..............................................................15
9. Release and After-Care ......................................16
9.(a) Conditional Release..................................16
9.(b) General Release.......................................16
E. YOUTH PROGRAMS ........................................17
1. Fundamental Perspectives .................................17
2. Adjudication and Disposition ............................19
2.(a) General ....................................................19
2.(b) Avoidance of Unnecessary Delay.............22
3. Objectives of Institutional Treatment..............23
4. Replication of Community Settings .................23
5. Separation and Individualisation of
Treatment...........................................................24
6. Classification and Placement ............................25
7. Provision of Programs.........................................26
7.(a) General ....................................................26
7.(b) Detention Pending Trial...........................27
7.(c) Assistance During Term of Sentence........27
7.(c)(i) General ........................................27
7.(c)(ii) Education....................................28
7.(c)(iii) Work ..........................................29
7.(c)(iv) Recreation..................................30
7.(c)(v) Religion .......................................30
7.(c)(vi) Medical Care..............................31
see also V HEALTH
8. Contacts with the Wider Community –
see also III INMATE RIGHTS AND
TREATMENT OF PRISONERS
9. Reintegrative Programs......................................32
10. Semi-Institutional Arrangements ..................33
11. Research, Planning, Policy Formation
and Evaluation ...................................................33
F. FOREIGN PRISONERS .....................................35
G. NON-CUSTODIAL MEASURES ....................35
1. General Principles..............................................35
1.(a) Fundamental Aims...................................35
2. The Scope of Non-Custodial Measures............36
3. Legal Safeguards .................................................37
4. Post-Sentencing Disposition .............................38
5. Implementation of Non-Custodial
Measures ............................................................39
5.(a) Supervision..............................................39
5.(b) Duration...................................................39
5.(c) Conditions ................................................39
5.(d) Treatment Process...................................40
5.(e) Discipline and Breach of Conditions........41
6. Staff ......................................................................41
6.(a) Recruitment..............................................41
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6.(b) Staff Training ...........................................42
7. Volunteers and Other Community
Resources............................................................42
7.(a) Public Participation..................................42
7.(b) Public Understanding and
Cooperation .............................................43
7.(c) Volunteers.................................................43
PART TWO: PROPOSED PRISON
POLICY..................................................44
A. CASE MANAGEMENT POLICY......................44
1. Definition.............................................................44
2. Responsibilities of Corrections Staff ...............44
B. CLASSIFICATION OF INMATES ..................45
1. Initial Classification...........................................45
2. Classification Procedure ....................................45
2.(a) Time Limit ................................................45
2.(b) Sources.....................................................45
2.(c) Interviews.................................................46
2.(c)(i) General ........................................46
2.(c)(ii) Informing the Offender ................46
2.(c)(iii) Nature of Interview ....................46
2.(c)(iv) Relevant Information..................47
2.(c)(v) Result...........................................47
2.(d) Report.......................................................47
2.(d)(i) Contents (Alternative 1) ...............47
2.(d)(ii) Contents (Alternative 2)..............48
2.(e) Reviews of a Classification.......................48
3. Classification Officers’ Responsibilities .........49
4. Program Analyst’s Responsibilities..................49
5. Criteria for Assigning Inmates .........................49
5.(a) Guiding Principles ...................................49
5.(b) Criteria for Assigning Inmates to
Secure Centres .........................................50
5.(c) Criteria for Assigning Inmates
Directly to Community Correctional
Centres .....................................................52
6. Reclassification ...................................................52
6.(a) Objective..................................................52
6.(b) Procedure.................................................52
6.(c) Criteria for Reassigning Inmates to
a Community Correctional Centre...........53
C. SENTENCE PLANNING...................................54
1. General Comments.............................................54
2. Distribution of Information...............................54
3. Program Description...........................................54
D. CORRECTIONAL PROGRAMS ......................55
1. Educational Programs.........................................55
1.(a) Library.....................................................55
1.(a)(i) Policy Objectives ..........................55
1.(a)(ii) Librarian ....................................55
1.(a)(iii) Hours of Operation- Model.......55
1.(a)(iv) Rules ..........................................56
1.(b) Arts and Crafts Program.........................57
1.(b)(i) The Program ...............................57
1.(b)(ii) Hobby Permit..............................57
1.(b)(iii) Working Area Restrictions.........58
1.(b)(iv) Hobby Shop Supervision ...........58
1.(b)(v) Hours of Operation- Model........58
1.(b)(vi) Disposal of Finished
Products .............................................58
1.(b)(vii) Storage......................................59
1.(b)(viii) Security Procedures .................59
1.(b)(ix) Safety Procedures .......................59
1.(b)(x) Limitations ..................................60
3. Recreational Activities .......................................60
3.(a) General ....................................................60
3.(b) Operation of Program .............................61
3.(c) Relationships with Other
Departments .............................................61
3.(d) Emergency Procedures ............................62
4. Work Programs....................................................62
4.(a) Objective..................................................62
4.(b) Classification............................................62
4.(c) Placement .................................................63
4.(d) Review of Placements ...............................63
4.(e) Work Remuneration .................................63
5. Religious Programs.............................................63
5.(a) Availability of Clergy/Spiritual
Advisors ...................................................63
5.(b) Chaplain...................................................64
5.(b)(i) Chaplain’s Responsibilities..........64
5.(b)(ii) Contacts ......................................64
5.(b)(iii) Presence.....................................64
5.(b)(iv) Worship and Sacramental
Ministries ...........................................65
5.(b)(v) Religious Education ....................66
5.(b)(vi) Fostering Community
Involvement........................................66
5.(b)(vii) Integration of Chaplaincy .........66
6. Community Volunteer Involvement .................67
6.(a) Policy Objective........................................67
6.(b) Involvement of Volunteers........................67
6.(c) Proposals for Volunteer Groups..............67
6.(d) Contact Person.........................................68
6.(e) Security Screening....................................68
6.(f) Orientation................................................69
E. SENTENCE ADMINISTRATION OF
YOUNG OFFENDERS ......................................69
1. Case Manager......................................................69
2. Staff Involvement................................................70
2.(a) Field Probation Officer ............................70
2.(a)(i) Contact.........................................70
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3. Educational and Recreational Programs..........71
3.(a) Educational Programs.............................71
3.(b) Equality of Access.....................................71
3.(c) Leisure and Recreational Activities ..........71
4. Visits .....................................................................72
5. Rehabilitative Programs.....................................72
6. Sentence Reviews ................................................73
7. Juveniles Serving Sentences in Adult
Correctional Facilities......................................73
7.(a) Admission.................................................73
7.(b) Youth Information ....................................73
7.(c) Authority to Transfer 18 Year Olds
to an Adult Facility...................................74
7.(d) Case Management Responsibility.............74
7.(e) Return to Youth Custody...........................75
7.(f) Transfer of Jurisdiction.............................75
7.(g) General Policy..........................................76
7.(g)(i) Exceptions....................................76
8. Review of Progress File ......................................76
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II CASE MANAGEMENT
PART ONE: UN GUIDELINES
A. GUIDING PRINCIPLES FOR THE MANAGEMENT OF PRISONERS
1. Protection of Society, Rehabilitation and Reintegration of Offenders
Basic Principles for the Treatment of Prisoners 1
Article 4
The responsibility of prisons for the custody of prisoners and for the protection of
society against crime shall be discharged in keeping with a state’s other social objectives
and its fundamental responsibilities for promoting the well-being and development of all
members of society.
International Covenant on Civil and Political Rights 2
Article 10
3. The penitentiary system shall comprise treatment of prisoners with the essential aim
being reformation and social rehabilitation. Juvenile offenders shall be separated from
adults and be accorded treatment appropriate to their age and legal status.
Standard Minimum Rules for the Treatment of Prisoners 3
Article 58
The purpose and justification of a sentence of imprisonment or a similar deprivation of
liberty is ultimately to protect society against crime. This end can only be achieved if the
period of imprisonment is used to ensure, so far as possible, that upon the offender’s
return to society, he/she is not only willing but able to lead a law-abiding and selfsupporting life.
1
General Assembly Resolution 45/111 of 14 December 1990.
2
General Assembly Resolution 2200 A (XXI) of 16 December 1966.
3
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva 1955.
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2. Replication of Community Settings
Standard Minimum Rules for the Treatment of Prisoners 4
Article 60
1. The regime of the institution should seek to minimise any difference between prison
life and life at liberty which tends to lessen the responsibility of the prisoners or the
respect due to their dignity as human beings.
B. CLASSIFICATION OF INMATES
1. Classification and Individualisation of Treatment
1.(a) General
Standard Minimum Rules for the Treatment of Prisoners 5
Article 63
1. The fulfillment of these principles requires individualisation of treatment and a flexible
system of classifying prisoners in groups. It is therefore desirable for such groups to be
distributed in separate institutions suitable for the treatment of each group.
3. It is desirable for the number of prisoners in closed institutions to not be so large that
the individualisation of treatment is hindered. In some countries it is considered that the
population of such institutions should not exceed five hundred. In open institutions the
populations should be as small as possible.
4. On the other hand, it is undesirable to maintain prisons which are so small that proper
facilities cannot be provided.
Article 66
2. As soon after inmate admissions as possible, full reports on those serving suitable
length sentences shall be received by the director. Such reports shall always include a
report by a medical officer, wherever possible qualified in psychiatry, on the physical
and mental condition of the prisoner.
4
Supra, note
5
Supra, note
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3. The reports and other relevant documents shall be placed in an individual file. This
file shall be kept up-to-date and classified in such a way that the responsible personnel
can consult it whenever the need arises.
Article 67
The purpose of classification shall be:
(a) to separate from others those prisoners who, by reason of their criminal records or
bad characters, are likely to exercise a bad influence; and
(b) to divide the prisoners into classes in order to facilitate their treatment with a view to
their social rehabilitation.
1.(b) Separation of Categories
Standard Minimum Rules for the Treatment of Prisoners 6
Article 68
So far as possible, separate institutions or separate sections of an institution shall be
used for the treatment of the different classes of prisoners.
1.(b)(i) Convicted and Unconvicted Persons
International Covenant on Civil and Political Rights 7
Article 10
2.(a) Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons and shall be subject to separate treatment subject to their status as
unconvicted persons.
Standard Minimum Rules for the Treatment of Prisoners 8
Article 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
6
Supra, note
7
Supra, note
8
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva 1955.
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(b) untried prisoners shall be kept separate from convicted prisoners.
1.(b)(ii) Women and Men
Standard Minimum Rules for the Treatment of Prisoners 9
Article 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
(a) men and women shall so far as possible be detained in separate
institutions. In an institution which receives both men and women, the
premises allocated to women shall be entirely separate.
1.(b)(iii) Civil and Criminal Offenders
Standard Minimum Rules for the Treatment of Prisoners 10
Article 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
(c) persons imprisoned for debt and other civil prisoners shall be kept
separate from persons imprisoned by reason of a criminal offence.
1.(b)(iv) Young Prisoners and Adults
Standard Minimum Rules for the Treatment of Prisoners 11
Article 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
(d) young prisoners shall be kept separate from adults.
9
Supra, note
10
Ibid
11
Ibid
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1.(c) Placement or Classification in Least Restrictive Environment
Standard Minimum Rules for the Treatment of Prisoners 12
Rule 63
2. These institutions need not provide the same degree of security for every group. It is
desirable to provide varying degrees of security according to the needs of different
groups. Open institutions, by the very fact that they provide no physical security against
escape but rely on the self-discipline of the inmates, provide the conditions most
favourable to rehabilitation for carefully selected prisoners.
C. SENTENCE PLANNING
Standard Minimum Rules for the Treatment of Prisoners 13
Rule 69
As soon as possible after admission and after a study of the personality of each prisoner
with a sentence of suitable length, a program of treatment shall be prepared for him/her
in light of the knowledge obtained about his/her individual needs, capacities and
dispositions.
D. CORRECTIONAL PROGRAMS AND TREATMENT OF OFFENDERS
1. Goals of Treatment
Standard Minimum Rules for the Treatment of Prisoners 14
Rule 65
The treatment of persons sentenced to imprisonment or a similar measure shall have as
its purpose, so far as the length of the sentence permits, to establish in them the will to
lead law-abiding and self-supporting lives after their release and to fit them to do so.
The treatment shall be such as will encourage their self-respect and develop their sense
of responsibility.
12
Ibid
13
Supra, note
14
Ibid
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2. Kinds of Assistance
2.(a) General
Standard Minimum Rules for the Treatment of Prisoners 15
Rule 59
To this end, the institution should utilise all the remedial, educational, moral, spiritual and
other forces and forms of assistance which are appropriate and available, and should
seek to apply them according to the individual treatment needs of the prisoner.
Rule 66
1. To these ends, all appropriate means shall be used, including religious care in the
countries where this is possible, education, vocational guidance and training, social
casework, employment counselling, physical development and strengthening of moral
character, in accordance with the individual needs of each prisoner, taking account of
his/her temperament, the length of sentence and prospects after release.
2.(b) Provision of Correctional Personnel/Specialists
Standard Minimum Rules for the Treatment of Prisoners 16
Rule 49
1. So far as possible, the personnel shall include a sufficient number of specialists such
as psychiatrists, psychologists, social workers, teachers and trade instructors.
3. Education
3.(a) Educational Programs
Universal Declaration of Human Rights 17
Article 26
1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
15
Ibid
16
Ibid
17
General Assembly Resolution 217 A (III) of 10 December 1948.
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Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
Basic Principles for the Treatment of Prisoners 18
Principle 6
All prisoners have the right to take part in cultural activities and education aimed at the
full development of the human personality.
Standard Minimum Rules for the Treatment of Prisoners 19
Rule 77
1. Provision shall be made for the further education of all prisoners capable of profiting
thereby, including religious instruction in the countries where this is possible. The
education of illiterates and young prisoners shall be compulsory and special attention
shall be paid to it by the administration.
2. So far as practicable, the education of prisoners shall be integrated with the
educational system of the country so that after their release they may continue their
education without difficulty.
3.(b) Educational Materials
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 20
Principle 28
A detained or imprisoned person shall have the right to obtain within the limits of
available resources, if from private sources, reasonable quantities of educational, cultural
and informational material, subject to reasonable conditions to ensure security and good
order in the place of detention or imprisonment.
18
Supra note
19
Supra, note
20
General Assembly Resolution 43/173 of 9 December 1988.
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Standard Minimum Rules for the Treatment of Prisoners 21
Rule 40
Every institution shall have a library for the use of all categories of prisoners, adequately
stocked with both recreational and instructional books. Prisoners shall be encouraged
to make full use of it.
4. Recreation
see V HEALTH
5. Work Programs
5.(a) Provision of Work Programs
Standard Minimum Rules for the Treatment of Prisoners 22
Rule 71
2. All prisoners under sentence shall be required to work, subject to their physical and
mental fitness as determined by the medical officer.
5. Vocational training in useful trades shall be provided especially for young prisoners
and for prisoners able to profit thereby.
5.(b) Objectives of Work Programs
Basic Principles for the Treatment of Prisoners 23
Principle 8
Conditions shall be created enabling prisoners to undertake meaningful remunerated
employment which will facilitate their reintegration into the country’s labour market and
permit them to contribute to their own financial support and to that of their families.
21
Supra, note
22
Supra, note
23
Supra, note
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Standard Minimum Rules for the Treatment of Prisoners 24
Rule 71
4. So far as possible, the work provided shall be such as will maintain or increase the
prisoners’ ability to earn an honest living after release.
Rule 72
1. The organisation and methods of work in the institutions shall resemble as closely as
possible those of similar work outside institutions, so as to prepare prisoners for the
conditions of normal occupational life.
2. The interests of the prisoners and of their vocational training, however, must not be
subordinated to the purpose of making a financial profit from an industry in the
institution.
5.(c) Work Conditions
5.(c)(i) General
Standard Minimum Rules for the Treatment of Prisoners 25
Rule 71
1. Prison labour must not be of an afflictive nature.
3. Sufficient work of a useful nature shall be provided to keep prisoners actively
employed for a normal working day.
6. Within the limits compatible with proper vocational selection and with the
requirements of institutional administration and discipline, the prisoners shall be able to
choose the type of work they wish to perform.
Rule 75
1. The maximum daily and weekly working hours of the prisoners shall be fixed by law
or by administrative regulation, taking into account local rules or customs in regard to
the employment of free workmen.
24
Supra, note
25
Supra, note
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2. The hours so fixed shall leave one rest day a week and sufficient time for education
and other activities required as part of the treatment and rehabilitation of the prisoners.
5.(c)(ii) Remuneration
Standard Minimum Rules for the Treatment of Prisoners 26
Rule 76
1. There shall be a system of equitable remuneration of the work of prisoners.
2. Under the system, prisoners shall be allowed to spend at least a part of their earnings
on approved articles for their own use and to send a part of their earnings to their
families.
3. The system should also provide a part of the earnings to be set aside by the
administration so as to constitute a savings fund to be handed over to the prisoner upon
release.
5.(c)(iii) Prison Administration and Work Release
Standard Minimum Rules for the Treatment of Prisoners 27
Rule 73
1. Institutional industries and farms should preferably be operated directly by the
administration and not by private contractors.
2. Where prisoners are employed in work not controlled by the administration, they
shall always be under the supervision of the institution’s personnel. Unless the work is
for other departments of the government, the persons to whom the labour is supplied
shall pay the full normal wages for such work to the administration. The output of the
prisoners shall be taken into account.
5.(c)(iv) Health and Safety
Article 74
1. The precautions laid down to protect the safety and health of free workmen shall be
equally observed in institutions.
26
Ibid
27
Supra, note
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2. Provision shall be made to indemnify prisoners against industrial injury, including
occupational disease, on terms not less favourable than those extended by law to free
workmen.
6. Provision of Religious Programs
see also III INMATE RIGHTS AND TREATMENT OF PRISONERS
Standard Minimum Rules for the Treatment of Prisoners 28
Rule 41
1. If the institution contains a sufficient number of prisoners of the same religion, a
qualified representative of that religion shall be appointed or approved. If the number of
prisoners justifies it and conditions permit, the arrangement should be on a full-time
basis.
2. A qualified representative appointed or approved under Paragraph 1 shall be allowed
to hold regular services and to pay pastoral visits in private to prisoners of his/her
religion at proper times.
3. Access to a qualified representative of any religion shall not be refused to any
prisoner. On the other hand, if any prisoner should object to a visit of any religious
representative, his/her attitude shall be fully respected.
Rule 42
So far as practicable, every prisoner shall be allowed to satisfy the needs of his/her
religious life by attending the services provided in the institution and having in his/her
possession the books of religious observance and instruction of his/her denomination.
7. Social Relations
7.(a) Creating Favourable Conditions for Reintegration
Basic Principles for the Treatment of Prisoners 29
Principle 10
With the participation and help of the community and social institutions and with due
regard to the interests of victims, favourable conditions shall be created for the
reintegration of the ex-prisoner into society under the best possible conditions.
28
Ibid
29
Supra, note
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7.(b) Maintaining/Establishing Social Relations
7.(b)(i) General
Standard Minimum Rules for the Treatment of Prisoners 30
Rule 61
The treatment of prisoners should emphasise not their exclusion from the community,
but their continuing part in it. Community agencies should, therefore, be enlisted
wherever possible to assist the staff of the institution in the task of social rehabilitation of
the prisoners. There should be in connection with every institution, social workers
charged with the duty of maintaining and improving all desirable relations of a prisoner
with his/her family and with valuable social agencies. Steps should be taken to
safeguard, to the maximum extent compatible with the law and the sentence, the rights
relating to civil interests, social security rights and other social benefits of prisoners.
Rule 79
Special attention shall be paid to the maintenance and improvement of such relations
between a prisoner and his/her family as are desirable in the best interests of both.
Rule 80
From the beginning of a prisoner’s sentence, consideration shall be given to his/her
future after release. He/she shall be encouraged and assisted to maintain or establish
such relations with persons or agencies outside the institution as may promote the best
interests of his/her social rehabilitation and family.
7.(b)(ii) Visits/Correspondence
see III INMATE RIGHTS AND TREATMENT OF OFFENDERS
8. Privileges
Standard Minimum Rules for the Treatment of Prisoners 31
Rule 70
Systems of privileges appropriate for the different classes of prisoners and the different
methods of treatment shall be established at every institution, in order to encourage
30
Supra, note
31
Supra, note 55
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good conduct, develop a sense of responsibility and secure the interest and cooperation
of the prisoners in their treatment.
9. Release and After-Care
9.(a) Conditional Release
Standard Minimum Rules for the Treatment of Prisoners 32
Rule 60
2. Before the completion of the sentence, it is desirable that the necessary steps be
taken to ensure the prisoner’s gradual return to life in society. This aim may be
achieved, depending on the case, by a pre-release regime organised in the same
institution or in another appropriate institution, or by release on trial under some kind of
supervision which must not be entrusted to the police but should be combined with
effective social aid.
9.(b) General Release
Declaration on the Protection of All Persons from Enforced Disappearance 33
Article 11
All persons deprived of liberty must be released in a manner permitting reliable
verification that they have actually been released and further, have been released in
conditions in which their physical integrity and ability to fully exercise their rights are
assured.
Standard Minimum Rules for the Treatment of Prisoners 34
Rule 64
The duty of society does not end with a prisoner’s release. There should, therefore, be
governmental or private agencies capable of lending the released prisoner efficient
aftercare directed towards the lessening of prejudice against him/her and towards
his/her social rehabilitation.
Rule 80
32
Supra, note
33
Adopted by General Assembly Resolution 471133 of 18 December 1992.
34
Supra, note
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From the beginning of a prisoner’s sentence, consideration shall be given to his/her
future after release. He/she shall be encouraged and assisted to maintain or establish
such relations with persons or agencies outside the institution as may promote the best
interests of his/her social rehabilitation and family.
Rule 81
1. Services and agencies, governmental or otherwise, which assist released prisoners to
re-establish themselves in society shall ensure, so far as is possible and necessary, that
released prisoners be provided with appropriate documents and identification papers,
have suitable homes and work to go to, are suitably and adequately clothed having
regard to the climate and season, and have sufficient means to reach their destination
and maintain themselves in the period immediately following their release.
2. The approved representatives of such agencies shall have all necessary access to the
institution and to prisoners and shall be taken into consultation as to the future of a
prisoner from the beginning of his/her sentence.
3. It is desirable that the activities of such agencies shall be centralised or coordinated as
far as possible in order to secure the best use of their efforts.
E. YOUTH PROGRAMS
1. Fundamental Perspectives
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
35
Rule 1
The juvenile justice system should uphold the rights and safety and promote the physical
and mental well-being of juveniles. Imprisonment should be used as a last resort.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”)
Rule 1
1. Member states shall seek, in conformity with their respective general interests, to
further the well-being of the juvenile and her or his family.
35
General Assembly Resolution 451113 of 14 December 1990.
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2. Member states shall endeavour to develop conditions that will a meaningful life for the
juvenile in the community, and which, during that period in life when she or he is most
susceptible to deviant behaviour, will foster a process of personal development and
education that is as free from crime and delinquency as possible.
3. Sufficient attention shall be given to positive measures which involve the full
mobilisation of all possible resources. This shall include the family, volunteers and other
community groups, as well as schools and other community institutions, for the purpose
of promoting the well-being of the juvenile, with a view to reducing the need for
intervention under the law, and of effectively, fairly and humanely dealing with the
juvenile in conflict with the law.
4. Juvenile justice shall be conceived as an integral part of the national development
process of each country, within a comprehensive framework of social justice for all
juveniles, yet, at the same time, contributing to the protection of the young and the
maintenance of a peaceful order in society.
5. These Rules shall be implemented in the context of economic, social and cultural
conditions prevailing in each member state.
6. Juvenile justice services shall be systematically developed and coordinated with a
view to improving and sustaining the competence of personnel involved in the services,
including their methods, approaches and attitudes.
Commentary
These broad fundamental perspectives refer to comprehensive social policy
in general and aim at promoting juvenile welfare to the greatest possible
extent, which will minimise the necessity of intervention by the juvenile
justice system, and in turn, will reduce the harm that may be caused by any
intervention. Such care measures for the young, before the consent of
delinquency, are basic policy requisites designed to obviate the need for the
application of the Rules.
Rules 1.1 to 1.3 point to the important role that a constructive social policy
for juveniles will play, inter alia , in the prevention of juvenile crime and
delinquency. Rule 1.4 defines juvenile justice as an integral part of social
justice for juveniles. Rule 1.6 refers to the necessity of constantly improving
juvenile justice, without falling behind the development of progressive social
policy for juveniles in general and bearing in mind the need for consistent
improvement of staff services.
Rule 1.5 seeks to take account of existing conditions in member states
which would cause the manner of implementation of particular rules
necessarily to be different from the manner adopted in other states.
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Rule 2
3. Efforts shall be made to establish, in each national jurisdiction, a set of laws, rules and
provisions specifically applicable to juvenile offenders as well as institutions and bodies
entrusted with the functions of the juvenile justice administration. They shall be
designed:
(a) to meet the varying needs of juvenile offenders, while protecting their
basic rights,
(b) to meet the needs of society, and
(c) to implement the following rules thoroughly and fairly.
Commentary
Rule 2.3 is addressed to the necessity of specific national legislation for the
optimal implementation of these Standard Minimum Rules, both legally and
practically.
Rule 5
1. The juvenile justice system shall emphasise the well-being of the juvenile and shall
ensure that any reaction to juvenile offenders shall always be in proportion to the
circumstances to both the offenders and the offence.
Commentary
Rule 5.1 refers to two of the most important objectives of juvenile justice.
The first objective is the promotion of the juvenile’s well-being. This is the
main focus of those legal systems in which juvenile offenders are dealt with
by family courts or administrative authorities. The well-being of the juvenile
should also be emphasised in legal systems that follow the criminal court
model, thus contributing to the avoidance of merely punitive sanctions.
2. Adjudication and Disposition
2.(a) General
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 36
Rule 17
36
Supra, note
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1. The disposition of the competent authority shall be guided by the following principles:
(i) The reaction taken shall always be in proportion not only to the
circumstances and the gravity of the offence but also to the
circumstances and the needs of the juvenile and to the needs of the
society
(ii) Restrictions on the personal liberty of the juvenile shall be imposed
only after careful consideration and shall be limited to the possible
minimum
(iii) Deprivation of personal liberty shall not be imposed unless the
juvenile is adjudicated of a serious act involving violence against another
person or of persistence in committing other serious offences and unless
there is no other appropriate response
(iv) The well-being of the juvenile shall be the guiding factor in the
consideration of her or his case
2. Capital punishment shall not be imposed for any crime committed by juveniles.
3. Juveniles shall not be subjected to corporal punishment.
4. The competent authority shall have the power to discontinue the proceedings at any
time.
Commentary
The main difficulty in formulating guidelines for the adjudication of young
persons stems from the fact that there are unresolved conflicts of a
philosophical nature, such as the following:
(i) Rehabilitation versus just desert
(ii) Assistance versus repression and punishment
(iii) Reaction according to the singular merits of an individual case versus
reaction according to the protection of society in general
(iv) General deterrence versus individual incapacitation
The conflict between these approaches is more pronounced in juvenile
cases than in adult cases. With the variety of causes and reactions
characterising juvenile cases, these alternatives become intricately
interwoven.
It is not the function of the Standard Minimum Rules for the Administration
of Juvenile Justice to prescribe which approach is to be followed but rather
to identify one that is most closely in consonance with internationally
accepted principles. Therefore the essential elements as laid down in Rule
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17.1, in particular in Subparagraphs (i) and (iii), are mainly to be
understood as practical guidelines that should ensure a common starting
point. If heeded by the concerned authorities, they could contribute
considerably to ensuring that the fundamental rights of juvenile offenders are
protected, especially the fundamental rights of personal development and
education.
Rule 17.1(ii) implies that strictly punitive approaches are not appropriate.
Whereas in adult cases, and possibly also in cases of severe offences by
juveniles, just desert and retributive sanctions might be considered to have
some merit, in juvenile cases such considerations should always be
outweighed by the interest of safeguarding the well-being and the future of
the young person.
In line with Resolution 8 of the Sixth United Nations Congress, Rule 17.1(ii)
encourages the use of alternatives to institutionalisation to the maximum
extent possible, bearing in mind the need to respond to the specific
requirements of the young. Thus, full use should be made of the range of
existing alternative sanctions and new alternative sanctions should be
developed, bearing public safety in mind. Probation should be granted to
the Standard Minimum Rules for the administration of juvenile justice to the
greatest possible extent via suspended sentences, conditional sentences,
board orders and other dispositions.
Rule 17.1(iii) corresponds to one of the guiding principles in Resolution 4 of
the Sixth Congress which aims at avoiding incarceration in the case of
juveniles unless there is no other appropriate response that will protect the
public safety.
The provision prohibiting capital punishment in Rule 17.2 is in accordance
with Article 6, Paragraph 5, of the International Covenant on Civil and
Political Rights.
The provision against corporal punishment is in line with Article 7 of the
International Covenant on Civil and Political Rights and the Declaration on
the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment and the draft
convention on the rights of the child.
The power to discontinue the proceedings at any time (Rule 17.4) is a
characteristic inherent in the handling of juvenile offenders as opposed to
adults. At any time, circumstances may become known to the competent
authority which would make a complete cessation of the intervention appear
to be the best disposition of the case.
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2.(b) Avoidance of Unnecessary Delay
International Covenant on Civil and Political Rights 37
Article 10
2.(b) Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 38
Rule 20
1. From the outset, each case shall be handled expeditiously, without any unnecessary
delay.
37
General Assembly Resolution 2200 A (XXI) 16 December 1996.
38
Supra, note
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3. Objectives of Institutional Treatment
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 39
Rule 26
1. The objective of training and treatment of juveniles placed in institutions is to provide
care, protection, education and vocational skills, with a view to assisting them to assume
socially constructive and productive roles in society.
2. Juveniles in institutions shall receive care, protection and all necessary assistancesocial, educational, vocational, psychological, medical and physical, they may require
because of their age, sex, and personality and in the interest of their wholesome
development.
Commentary
The objectives of institutional treatment as stipulated in Rules 26.1 and 26.2
would be acceptable to any system and culture. However, they have not
yet been attained everywhere, and much more has to be done in this
respect.
Medical and psychological assistance, in particular, are extremely important
for institutionalised drug addicts, and violent and mentally ill young persons.
4. Replication of Community Settings
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
40
Rule 87
All personnel should seek to minimise any differences between life inside and outside the
detention facility which tend to lessen due respect for the dignity of juveniles as human
beings.
39
Supra, note
40
Supra, note
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5. Separation and Individualisation of Treatment
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 41
Rule 13
4. Juveniles under detention pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
Commentary
Rule 13.4 does not prevent states from taking other measures against the
negative influences of adult offenders which are at least as effective as the
measures mentioned in the rule.
Rule 26
3. Juveniles in institutions shall be kept separate from adults and shall be detained in a
separate institution or in a separate part of an institution which also holds adults.
Commentary
The avoidance of negative influences through adult offences and the
safeguarding of the well-being of juveniles in an institutional setting, as
stipulated in Rule 26.3, are in line with one of the basic guiding principles of
the Rules, as set out by the Sixth Congress in its Resolution 4. The Rule
does not prevent states from taking other measures against the negative
influences of adult offenders, which are at least as effective as the measures
mentioned in the rule. (See also Rule 13.4)
4. Young female offenders placed in an institution deserve special attention for their
personal needs and problems. They shall by no means receive less care, protection,
assistance, treatment and training than young male offenders. Their fair treatment shall
be ensured.
Commentary
Rule 26.4 addresses the fact that female offenders normally receive less
attention than their male counterparts as pointed out by the Sixth Congress.
In particular, Resolution 9 of the Sixth Congress calls for the fair treatment
of female offenders at every stage of criminal justice processes and for
41
Supra, note
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special attention to their particular problems and needs while in custody.
Moreover, this Rule should also be considered in light of the Caracas
Declaration of the Sixth Congress, which inter alia, calls for equal
treatment in criminal justice administration, and against the background of
the Declaration on the Elimination of Discrimination Against Women and the
Convention on the Elimination of All Forms of Discrimination Against
Women.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
42
Rule 29
In all detention facilities, juveniles should be separated from adults unless they are
members of the same family. Under controlled conditions, juveniles may be brought
together with carefully selected adults as part of a special program that has been shown
to be beneficial for the juveniles concerned.
6. Classification and Placement
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 43
Rule 27
As soon as possible after the moment of admission, each juvenile should be interviewed,
and a psychological and social report identifying any factors relevant to the specific type
and level of care and program required by the juvenile should be prepared. This report,
together with the report prepared by a medical officer who has examined the juvenile
upon admission, should be forwarded to the director for purposes of determining the
most appropriate placement for the juvenile within the facility and the specific type and
level of care and program required to be pursued. When special rehabilitative treatment
is required, and the length of stay in the facility permits, trained personnel of the facility
should prepare a written, individual treatment plan specifying treatment objectives and
time frames and the means, stages and delays with which the objectives should be
approached.
Rule 28
The detention of juveniles should only take place under conditions that take full account
of their particular needs, status and special requirements according to their age,
personality, sex and type of offence, as well as mental and physical health, and which
ensure their protection from harmful influences and risk situations. The principal
42
Supra, note
43
General Assembly Resolution 451113 of 14 December 1990.
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criterion for the separation of different categories of juveniles deprived of their liberty
should be the provision of the type of care best suited to the particular needs of the
individuals concerned and the protection of their physical, mental and moral integrity and
well-being.
Rule 30
Open detention facilities for juveniles should be established. Open detention facilities
are those with minimal or no security measures. The population in such detention
facilities should be as small as possible. The number of juveniles detained in closed
facilities should be small enough to enable individualised treatment. Detention facilities
for juveniles should be decentralised and of such size as to facilitate access and contact
between the juveniles and their families. Small-scale detention facilities should be
established and integrated into the social, economic and cultural environment of the
community.
7. Provision of Programs
7.(a) General
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 44
Rule 12
The deprivation of liberty should be effected in conditions and circumstances, which
ensure respect for the human rights of juveniles. Juveniles detained in facilities should be
guaranteed the benefit of meaningful activities and programs which would serve to
promote and sustain their health and self-respect, to foster their sense of responsibility
and encourage those attitudes and skills that will assist them in developing their potential
as members of society.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 45
Rule 26
6. Inter-ministerial and inter-departmental cooperation shall be fostered for the purpose
of providing adequate academic or, as appropriate, vocational training to
institutionalised juveniles, with a view to ensuring that they do not leave the institution at
an educational disadvantage.
44
Supra, note
45
Supra, note
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7.(b) Detention Pending Trial
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 46
Rule 13
5. While in custody, juveniles shall receive care, protection and all necessary individual
assistance- social, educational, vocational, psychological, medical and physical, that
they may require in view of their age, sex and personality.
Commentary
Different forms of assistance that may become necessary have been
enumerated to draw attention to the broad range of particular needs of
young detainees to be addressed (for example females or males, drug
addicts, alcoholics, mentally ill juveniles, young persons suffering from
trauma, such as of arrest, etc.)
7.(c) Assistance During Term of Sentence
7.(c)(i) General
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 47
Rule 81
Personnel should be qualified and include a sufficient number of specialists such as
educators, vocational instructors, counsellors, social workers, psychiatrists and
psychologists. These and other specialist staff should normally be employed on a
permanent basis. This guideline should not preclude part-time or volunteer workers
when the level of support and training they can provide is appropriate and beneficial.
Detention facilities should make use of all remedial, educational, moral, spiritual, and
other resources and forms of assistance that are appropriate and available in the
community, according to the individual problems of detained juveniles.
46
Supra, note
47
Supra, note
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United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 48
Rule 26
2. Juveniles in institutions shall receive care, protection and all necessary assistancesocial, educational, vocational, psychological, medical and physical, that they may
require because of their age, sex, and personality and in the interest of their wholesome
development.
7.(c)(ii) Education
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
49
Rule 38
Every juvenile of compulsory school age has the right to education suited to his or her
needs and abilities and designed to prepare him or her for return to society. Such
education should be provided outside the detention facility in community schools
wherever possible and, in any case, by qualified teachers through programs integrated
with the education system of the country so that, after release, juveniles may continue
their education without difficulty. Special attention should be given by the administration
of the detention facilities to the education of juveniles of foreign origin or with particular
cultural or ethnic needs. Juveniles who are illiterate or have cognitive or learning
difficulties should have the right to special education.
Rule 39
Juveniles above compulsory school age who wish to continue their education should be
permitted and encouraged to do so, and every effort should be made to provide them
with access to appropriate educational programs.
Rule 40
Diplomas or educational certificates awarded to juveniles while in detention should not
indicate in any way that the juveniles have been institutionalised.
Rule 41
Every detention facility should provide access to a library that is adequately stocked
with both instructional and recreational books and periodicals suitable for the juveniles.
48
Supra, note
49
Supra, note
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Juveniles should be enabled and encouraged to make full use of the library.
7.(c)(iii) Work
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
50
Rule 42
Every juvenile should have the right to receive vocational training in occupations likely to
prepare him or her for future employment.
Rule 43
With due regard to proper vocational selection and to the requirements of institutional
administration, juveniles should be able to choose the type of work they wish to
perform.
Rule 44
All protective national and international standards applicable to child labour and young
workers should apply to juveniles deprived of their liberty.
Rule 45
Wherever possible, juveniles should be provided with the opportunity to perform
remunerated labour, if possible within the local community, as a complement to the
vocational training provided in order to enhance the possibility of finding suitable
employment when they return to their communities. The type of work should be such as
to provide appropriate training that will be of benefit to the juveniles following release.
The organisation and methods of work offered in detention facilities should resemble as
closely as possible those of similar work in the community so as to prepare juveniles for
the conditions of normal occupational life.
Rule 46
Every juvenile who performs work should have the right to equitable remuneration. The
interests of the juvenile and of his/her vocational training should not be subordinated to
the purpose of making a profit for the detention facility or a third party. Part of the
earning of a juvenile should normally be set aside to constitute a savings fund to be
handed over to the juvenile on release. The juvenile should have the right to use the
remainder of those earnings to purchase articles for his or her own use or to indemnify
50
Supra, note
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the victim injured by his or her offence or to send it to his or her family or other persons
outside the detention facilities.
7.(c)(iv) Recreation
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 51
Rule 47
Every juvenile should have the right to a suitable amount of time for daily free exercise in
the open air whenever weather permits, during which time appropriate recreational and
physical training should normally be provided. Adequate space, installations and
equipment should be provided for these activities. Every juvenile should have additional
time for daily leisure activities, part of which should be devoted, if the juvenile so
wishes, to arts and crafts skill development. The detention facility should ensure that
each juvenile is physically able to participate in the available program of physical
education. Remedial physical education and therapy should be offered, under medical
supervision, to juveniles needing it.
Standard Minimum Rules for the Treatment of Prisoners 52
Rule 2
Young prisoners, and others of suitable age and physique, shall receive physical and
recreational training during the period of exercise. To this end, installations and
equipment should be provided.
7.(c)(v) Religion
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
53
Rule 48
Every juvenile should be allowed to satisfy the needs of his or her religious and spiritual
life, in particular by attending the services or meetings provided in the detention facility
or by conducting his or her own services and having possession of the necessary books
or items of religious observance and instruction of his or her denomination. If a
detention facility contains a sufficient number of juveniles of a given religion, one or more
qualified representatives of that religion should be appointed or approved and allowed
to hold regular services and to pay pastoral visits in private to juveniles at their request.
51
Supra, note
52
Supra, note
53
Supra, note
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Every juvenile should have the right to receive visits from a qualified representative of
any religion of his or her choice, as well as the right not to participate in religious
services and to freely decline religious education, counselling or indoctrination.
7.(c)(vi) Medical Care
see also V HEALTH
Rule 49
Every juvenile shall receive adequate medical care, both preventive and remedial,
including dental, ophthalmologic and mental health care, as well as pharmaceutical
products and special diets as medically indicated. All such medical care should, where
possible, be provided to detained juveniles through the appropriate health facilities and
services of the community in which the detention facility is located, in order to prevent
stigmatisation of the juvenile and promote self-respect and integration into the
community.
Rule 51
The medical services provided to juveniles should seek to detect and treat any physical
or mental illness, substance abuse or other condition that may hinder the integration of
the juvenile into society. Every detention facility for juveniles should have immediate
access to adequate medical facilities and equipment appropriate to the number and
requirements of residents and staff trained in preventive health care and the handling of
medical emergencies. Every juvenile who is ill, who complains of illness or who
demonstrates symptoms of physical or mental difficulties, should be examined promptly
by a medical officer.
Rule 52
Any medical officer who has reason to believe that the physical or mental health of a
juvenile has been or will be injuriously affected by continued detention, a hunger strike
or any condition of detention, should report this fact immediately to the director of the
detention facility in question and to the independent authority responsible for
safeguarding the well-being of the juvenile.
Rule 53
A juvenile who is suffering from mental illness should be treated in a specialised
institution under independent medical management. Steps should be taken, by
arrangement with appropriate agencies, to ensure any necessary continuation of mental
health care after release.
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Rule 54
Juvenile health facilities should adopt specialised drug abuse prevention and
rehabilitation programs administered by qualified personnel. The programs should be
adapted to the age, sex and other requirements of the juveniles concerned, and
detoxification facilities and services staffed by trained personnel should be available to
drug or alcohol dependent juveniles.
8. Contacts with the Wider Community
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
9. Reintegrative Programs
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
54
Rule 79
All juveniles should benefit from arrangements designed to assist them in returning to
society, family life, education or employment after release. Procedures, including early
release and special courses, should be devised to this end.
Rule 80
Competent authorities should provide or ensure services to assist juveniles in reestablishing themselves in society and to lessen prejudice against such juveniles. These
services should ensure, to the extent possible, that the juvenile is provided with suitable
residence, employment, clothing and sufficient means to maintain himself or herself upon
release in order to facilitate successful reintegration. The representatives of agencies
providing such services should be consulted and should have access to juveniles while
detained, with a view to assisting them in their return to the community.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 55
Rule 28
1. Conditional release from an institution shall be used by the appropriate authority to
the greatest possible extent, and shall be granted at the earliest possible time.
2. Juveniles released conditionally from an institution shall be assisted and supervised by
an appropriate authority and shall receive full support from the community.
54
Supra, note
55
Supra, note
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Commentary
The power to order conditional release may rest with the competent
authority, as mentioned in Rule 14.1 or with some other authority. In view
of this, it is adequate to refer here to the “appropriate” rather than to the
“competent” authority.
Circumstances permitting, conditional release shall be preferred to serving a
full sentence. Upon evidence of satisfactory progress towards
rehabilitation, even offenders who had been deemed dangerous at the time
of their institutionalisation can be conditionally released whenever feasible.
Like probation, such release may be conditional on the satisfactory
fulfilment of the requirements specified by the relevant authorities for a
period of time established in the decision (i.e. relating to “good behaviour”
of the offender, attendance in community programs, residence in half-way
house, etc.).
In the case of offenders conditionally released from an institution, assistance
and supervision by a probation or other officer (particularly where
probation has not yet been adopted) should be provided and community
support should be encouraged.
10. Semi -Institutional Arrangements
Rule 29
1. Efforts shall be made to provide semi-institutional arrangements, such as half-way
houses, educational homes, daytime training centres and other such appropriate
arrangements that may assist juveniles in their proper reintegration into society.
Commentary
The importance of care following a period of institutionalisation should not
be underestimated. This Rule emphasises the necessity of forming a net of
semi-institutional arrangements.
This Rule also emphasises the need for a diverse range of facilities and
services designed to meet the different needs of young offenders re-entering
the community and to provide guidance and structural support as an
important step towards successful reintegration into society.
11. Research, Planning, Policy Formation and Evaluation
Rule 30
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1. Efforts shall be made to organize and promote necessary research as a basis for
effective planning and policy formulation.
2. Efforts shall be made to periodically review and appraise the trends, problems and
causes of juvenile delinquency and crime as well as the varying particular needs of
juveniles in custody.
3. Efforts shall be made to establish a regular evaluative research mechanism built into
the system of juvenile justice administration and to collect and analyse relevant data and
information for appropriate assessment and future improvement and reform of the
administration.
4. The delivery of services in juvenile justice administration shall be systematically
planned and implemented as an integral part of national development efforts.
Commentary
The utilisation of research as a basis for an informed juvenile justice policy is
widely acknowledged as an important mechanism for keeping practices
abreast of advances in knowledge and the continuing development and
improvement of the juvenile justice system. The mutual feedback between
research and policy is especially important in the forms and dimensions of
juvenile crime. The societal and justice responses to juvenile crime and
delinquency quickly become outmoded and inadequate.
Rule 30 thus establishes standards for integrating research into the process
of policy formulation and application in juvenile justice administration. The
Rule draws particular attention to the need for regular review and evaluation
of existing programs and measures and for planning within the broader
context of overall development objectives.
A constant appraisal of the needs of juveniles, as well as the trends and
problems of delinquency, is a prerequisite for improving the methods of
formulating appropriate policies and establishing adequate interventions, at
both formal and informal levels. In this context, research by independent
persons and bodies should be facilitated by responsible agencies and it may
be valuable to obtain and to take into account the views of juveniles
themselves, not only those who come into contact with the system.
The process of planning must particularly emphasise a more effective and
equitable system for the delivery of necessary services. Towards that end,
there should be a comprehensive and regular assessment of the wideranging, particular needs and problems of juveniles and an identification of
clear-cut priorities. In that connection, there should also be a coordination
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in the use of existing resources, including alternatives and community
support that would be suitable in setting up specific procedures designed to
implement and monitor established programs.
F. FOREIGN PRISONERS
Model Agreement on the Transfer of Foreign Prisoners 56
Annex II Recommendations on the treatment of foreign prisoners
1. The allocation of a foreign prisoner to a prison establishment should not be effected on the
grounds of his/her nationality alone.
2. Foreign prisoners should have the same access as national prisoners to education, work and
vocational training.
3. Foreign prisoners should, in principle, be eligible for measures alternative to imprisonment, as
well as for prison leave and other authorised exits from prison according to the same principles
as nationals.
8. Contacts of foreign prisoners with families and community agencies should be facilitated, by
providing all necessary opportunities for visits and correspondence, with the consent of the
prisoner. Humanitarian international organisations, such as the International Committee of the
Red Cross, should be given the opportunity to assist foreign prisoners.
G. NON-CUSTODIAL MEASURES
1. General Principles
1.(a) Fundamental Aims
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”)57
Rule 1
1. The present Standard Minimum Rules provide a set of basic principles to promote
the use of non-custodial measures, as well as minimum safeguards for persons subject
to alternatives to imprisonment.
56
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
57
General Assembly Resolution 451110 of 14 December 1990.
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2. The Rules are intended to promote greater community involvement in the
management of criminal justice, specifically in the treatment of offenders, as well as to
promote among offenders a sense of responsibility towards society.
3. All Rules shall be implemented taking into account the political, economic, social and
cultural conditions of each country and the aims and objectives of its criminal justice
system.
4. When implementing the Rules, member states shall endeavour to ensure a proper
balance between the rights of individual offenders, the rights of victims, and the concern
of society for public safety and crime prevention.
5. Member states shall develop non-custodial measures within their legal systems to
provide other options, thus reducing the use of imprisonment, and to rationalise criminal
justice policies, taking into account the observance of human rights, the requirements of
social justice and the rehabilitation needs of the offender.
2. The Scope of Non-Custodial Measures
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 58
Rule 2
1. The relevant provisions of the present Rules shall be applied to all persons subject to
prosecution, trial, or the execution of a sentence at all stages of the administration of
criminal justice. For the purposes of the Rules, these persons are referred to as
“offenders”, irrespective of whether they are suspected, accused or sentenced.
2. The Rules shall be applied without any discrimination on the grounds of race, colour,
sex, age, language, religion, political or other opinion, national or social origin, property,
birth or other status.
3. In order to provide greater flexibility consistent with the nature and gravity of the
offence, with the personality and background of the offender and with the protection of
society and to avoid unnecessary use of imprisonment, the criminal justice system should
provide a wide range of non-custodial measures, from pre-trial to post-sentencing
dispositions. The number and types of non-custodial measures available should be
determined in a way that consistent sentencing remains possible.
4. All development of new non-custodial measures should be encouraged and closely
monitored and their use systematically evaluated.
58
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
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5. Consideration shall be given to dealing with offenders in the community avoiding as
far as possible resort to formal proceedings or trial by a court, in accordance with legal
safeguards and the rule of law.
6. Non-custodial measures should be used in accordance with the principle of minimum
intervention.
7. The use of non-custodial measures should be part of the movement towards
depenalisation and decriminalisation instead of interfering with, or delaying efforts in, that
direction.
3. Legal Safeguards
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 59
Rule 3
1. Law shall prescribe the introduction, definition and application of non-custodial
measures.
2. The selection of a non-custodial measure shall be based on an assessment of
established criteria in respect of both the nature and gravity of the offence and the
personality and background of the offender, the purposes of sentencing and the rights of
the victims.
3. Discretion by the judicial or other competent independent authority shall be exercised
at all stages of the proceedings by ensuring full accountability and only in accordance
with the rule of law.
4. Non-custodial measures imposing an obligation on the offender, applied before or
instead of formal proceedings or trial, shall require the offender’s consent.
5. Decisions on the imposition of non-custodial measures shall be subject to review by a
judicial or other competent independent authority, upon application by the offender.
6. The offender shall be entitled to make a request or complaint to a judicial or other
competent independent authority on matters affecting his or her individual rights in the
implementation of non-custodial measures.
7. Appropriate machinery shall be provided for the recourse and, if possible, redress of
any grievance related to non-compliance with internationally recognised human rights.
59
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders
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8. Non-custodial measures shall not involve medical or psychological experimentation
on, or undue risk of physical or mental injury to, the offender.
9. The dignity of the offender subject to non-custodial measures shall be protected at all
times.
10. In the implementation of non-custodial measures, the offender’s rights shall not be
restricted further than was authorised by the competent authority that rendered the
original decision.
11. In the application of non-custodial measures, the offender’s right to privacy shall be
respected, as shall the right to privacy of the offender’s family.
12. The offender’s personal records shall be kept strictly confidential and closed to third
parties. Access to such records shall be limited to persons directly concerned with the
disposition of the offender’s case or to their duly authorised persons.
4. Post-Sentencing Disposition
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Rules”) 60
Rule 9
1. The competent authority shall have at its disposal a wide range of post-sentencing
alternatives in order to avoid institutionalisation and to assist offenders in their early
reintegration into society.
2. Post sentencing dispositions may include:
(i) Furlough and half-way house
(ii) Work or education release
(iii) Various forms of parole
(iv) Remission
(v) Pardon
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5. Implementation of Non-Custodial Measures
5.(a) Supervision
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 61
Rule 10
1. The purpose of supervision is to reduce reoffending and to assist the offender’s
integration into society in a way that minimises the likelihood of a return to crime.
2. If a non-custodial measure entails supervision, a competent authority under the
specific conditions prescribed by law shall carry out the latter.
3. Within the framework of a given non-custodial measure, the most suitable form of
supervision and treatment should be determined for each individual case aimed at
assisting the offender to work on his or her offending. Supervision and treatment should
be periodically reviewed and adjusted as necessary.
4. Offenders should, when needed, be provided with psychological, social and material
assistance and with opportunities to strengthen links with the community and facilitate
their reintegration into society.
5.(b) Duration
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 62
Rule 11
1. The duration of a non-custodial measure shall not exceed the period established by
the competent authority in accordance with the law.
2. Provision may be made for early termination of the measure if the offender has
responded favourably to it.
5.(c) Conditions
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Rules”) 63
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Rule 12
1. If the competent authority shall determine the conditions to be observed by the
offender, he/she should take into account both the needs of society and the needs and
rights of the offender and victim.
2. The conditions to be observed shall be practical, precise and as few as possible, and
be aimed at reducing the likelihood of an offender relapsing into criminal behaviour and
of increasing the offender’s chances of social integration while taking into account the
needs of the victim.
3. At the beginning of the application of a non-custodial measure, the offender shall
receive an explanation, orally and in writing, of the conditions governing the application
of the measure, including the offender’s obligations and rights.
4. The conditions may be modified by the competent authority under the established
statutory provisions, in accordance with the progress made by the offender.
5.(d) Treatment Process
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 64
Rule 13
1. Within the framework of a given non-custodial measure, in appropriate cases, various
schemes, such as case-work, group therapy, residential programs and the specialised
treatment of various categories of offenders, should be developed to meet the needs of
offenders more effectively.
2. Professionals who have suitable training and practical experience should conduct
treatment.
3. When it is decided that treatment is necessary, efforts should be made to understand
the offender’s background, personality, aptitude, intelligence, values and, especially, the
circumstances leading to the commission of the offence.
4. The competent authority may involve the community and social support systems in
the application of non-custodial measures.
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5. Case-load assignments shall be maintained as far as practicable at a manageable level
to ensure the effective implementation of the treatment program.
6. For each offender, a case record shall be established and maintained by the
competent authority.
5.(e) Discipline and Breach of Conditions
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 65
Rule 14
1. A breach of the conditions to be observed by the offender may result in a
modification or revocation of the non-custodial measure.
2. The competent authority shall make the modification or revocation of the noncustodial measure. This shall be done only after a careful examination of the facts
adduced by both the supervising officer and the offender.
3. The failure of a non-custodial measure should not automatically lead to the imposition
of a custodial measure.
4. In the event of a modification or revocation of the non-custodial measure, the
competent authority shall attempt to establish a suitable alternative non-custodial
measure. A sentence of imprisonment may be imposed only in the absence of other
suitable alternatives.
5. The power to arrest and detain the offender under supervision in cases where there is
a breach of the conditions shall be prescribed by law.
6. Upon modification or revocation of the non-custodial measure, the offender shall
have the right to appeal to a judicial or other competent independent authority.
6. Staff
6.(a) Recruitment
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Rules”) 66
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Rule 15
1. There shall be no discrimination in the recruitment of staff on the grounds of race,
colour, sex, age, language, religion, political or other opinion, national or social origin,
property, birth or other status. The policy regarding staff recruitment should take into
consideration, national policy affirmative action and reflect the diversity of the offenders
to be supervised.
2. Persons appointed to apply non-custodial measures should be personally suitable
and, whenever possible, have appropriate professional training and practical experience.
Such qualifications shall be clearly specified.
3. To secure and retain qualified professional staff, appropriate service status, adequate
salary and benefits commensurate with the nature of the work should be ensured and
ample opportunities should be provided for professional growth and career
development.
6.(b) Staff Training
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 67
Rule 16
1. The objective of training shall be to make staff clearly understand their responsibilities
with regard to rehabilitating the offender, ensuring the offender’s rights and protecting
society. Training should also give staff an understanding of the need to cooperate in and
coordinate activities with the agencies concerned.
2. Before entering duty, staff shall be given training that includes instruction on the nature
of non-custodial measures, the purposes of supervision and the various modalities of the
application of non-custodial measures.
3. After entering duty, staff shall maintain and improve their knowledge and professional
capacity by attending in-service training and refresher courses. Adequate facilities shall
be made available for that purpose.
7. Volunteers and Other Community Resources
7.(a) Public Participation
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United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 68
Rule 17
1. Public participation should be encouraged as it is a major resource and one of the
most important factors in improving ties between offenders undergoing non-custodial
measures and the family and community. It should complement the efforts of the
criminal justice administration.
2. Public participation should be regarded as an opportunity for members of the
community to contribute to the protection of their society.
7.(b) Public Understanding and Cooperation
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 69
Rule 18
1. Government agencies, the private sector and the general public should be encouraged
to support voluntary organisations that promote non-custodial measures.
2. Conferences, seminars, symposia and other activities should be regularly organised to
stimulate awareness of the need for public participation in the application of noncustodial measures.
3. All forms of the mass media should be utilised to help create a constructive public
attitude, leading to activities conducive to a broader application of non-custodial
treatment and the social integration of offenders.
4. Every effort should be made to inform the public of the importance of its role in the
implementation of non-custodial measures.
7.(c) Volunteers
United Nations Standard Minimum Rules for Non-Custodial Measures (“The Tokyo
Rules”) 70
Rule 19
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1. Volunteers shall be carefully screened and recruited on the basis of their aptitude and
interest in the work involved. They shall be properly trained for the specific
responsibilities to be discharged by them and shall have access to support and
counselling from, and the opportunity to consult with, the competent authority.
2. Volunteers should encourage offenders and their families to develop meaningful ties
with the community and a broader sphere of contact by providing counselling and other
appropriate forms of assistance according to their capacity and the offenders’ needs.
3. Volunteers shall be insured against accident, injury and public liability when carrying
out their duties. They shall be reimbursed for authorised expenditures incurred in the
course of their work. Public recognition should be extended to them for the services
they render for the well-being of the community.
PART TWO: PROPOSED PRISON POLICY
A. CASE MANAGEMENT POLICY
1. Definition
Case management is an all encompassing term which refers to the initiatives that are taken to
ensure that the period of time of a sentence is most effectively used by an inmate.
Case management includes:
(i) Initial classification
(ii) Unit program delivery
(iii) Inmate counselling and sentence planning
(iv) Reclassification or integration
(v) Community re-entry
(vi) File maintenance
2. Responsibilities of Corrections Staff
The warden of each institution shall assign one or more experienced correctional staff to
coordinate and supervise the case management process in that unit.
While selected staff in a unit may have a primary responsibility for sentence planning with
inmates, all correctional staff have a responsibility to participate in inmate counselling.
Day to day counselling involves:
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(a) giving advice on resources, activities, and programs,
(b) giving advice on life skills and consequences of behaviour or decisions, and
(c) acting as a resource to inmates in dealing with personal problems.
B. CLASSIFICATION OF INMATES
1. Initial Classification
Initial classification will occur as soon as possible after sentenced admission, and will result in a
report that provides information about the inmate, indicates the initial classification, and provides
suggestions to the centre for ongoing planning.
The purpose of initial classification is to determine the proper level of security, supervision,
control, and programming for each inmate. This allows for:
(i) The constructive use of the inmate’s time
(ii) The use of penalty and reparation where needed
(iii) Community satisfaction in relation to the treatment of the inmate
2. Classification Procedure
see also V SECURITY
2.(a) Time Limit
Subsequent to sentencing, the initial classification of an offender shall be completed within fortyeight hours (two working days) of admission to a prison.
The classification process is considered to include interviewing the offender, gathering and
considering relevant documentation, completing the classification report and advising the
offender of the classification decision.
2.(b) Sources
The classification officer shall have access to an organised system to obtain, as available:
(i) Pre-sentence reports
(ii) Judicial reasons for sentence
(iii) Police reports
(iv) Psychiatric/psychological reports
(v) Existing correctional documentation/information concerning an offender undergoing
the classification process
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The intent is to ensure that full and appropriate information is available to classification staff as a
function of routine operation.
2.(c) Interviews
2.(c)(i) General
Every sentenced offender undergoing the classification process shall be interviewed in person by
a classification officer prior to any classification decision being taken.
The purpose of the interview is to ensure appropriate initial classification of each inmate.
The interview conducted by the classification officer shall be held in private unless need is
evidenced for other persons to be present to assist the offender in understanding the process.
Discussion:
The content of a classification interview is often of a sensitive nature.
Discretion is required in conducting these interviews and a private
environment, free of unnecessary interruption, shall aid in achieving the
purpose of the interview.
2.(c)(ii) Informing the Offender
Each offender, at the time of the first interview for classification purposes, shall be advised of:
(i) The scope and intent of the sentence management process
(ii) The scope and intent of the classification and placement process
(iii) The options available to the classification officer
(iv) The criteria used for decision-making by the classification officer
(v) The roles that the offender can play in the classification and placement decisionmaking process
(vi) The right to appeal any classification and/or placement decision
The intent of the standard is to ensure that offenders understand the nature of the classification
and placement process and are able to play a suitable role within that process.
2.(c)(iii) Nature of Interview
The interview will include:
(i) A review of the inmate’s file(s) and of the other written material available, including
recommendations from judges and probation officers
(ii) The inmate’s verification of the written information and the addition of any other
information he/she provides
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(iii) The development of a sentence plan that indicates the purpose of the inmate’s
placement
(iv) An explanation to the inmate of the meaning and significance of classification
2.(c)(iv) Relevant Information
Relevant information gathered prior to a classification interview shall be discussed with the
offender by the classification officer, except where disclosure:
(a) would defeat the purpose or prejudice the use for which the information was
collected,
(b) would prove injurious to law enforcement or lawful investigations, or
(c) could reasonably be expected to threaten the safety of individuals.
In the course of an effective classification interview, the interviewing officer should corroborate
existing information with the offender rather than simply accepting all information at face value.
Determining which information should not be revealed to the offender is the responsibility of the
classification officer.
2.(c)(v) Result
At the conclusion of the interview, the classification officer will tell the inmate where he/she has
been assigned and the estimated time of the transfer, except where security conditions do not
permit such disclosure.
2.(d) Report
The classification officer shall, in every case, be responsible for the preparation of a legible
report over the officer’s signature, specifically identified as a classification report.
2.(d)(i) Contents (Alternative 1)
The report shall consist of parts including, but not restricted to, the following:
(i) Information relevant to sentence, court history, personal and family history, medical
and psychiatric concerns, education and work background, offence or imprisonment
problem areas, community resources, and post-release plans
(ii) A sentence plan illustrating the classification decision, proposed reclassification
processes, specific classification criteria considered, and case management
recommendations and expectations
In formulating the report, the classification officer should consider any available relevant reports
such as pre-sentence reports, police reports, institutional reports, judges’ and/or probation
officers’ recommendations, and psychiatric/psychological and/or medical reports.
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2.(d)(ii) Contents (Alternative 2)
The classification officer will prepare a classification report that covers as many of the following
areas as are relevant:
1. Information:
Sources of information
Details of the sentence
Previous contact with correctional institutions
Personal and family information
Medical and psychiatric concerns
Educational background and work history
Problem areas related to the offence or imprisonment
Community resources and release plans
2. The sentence plan:
The classification decision
Proposed reclassification, including the specific date of review
Specific classification criteria considered
Recommendations for case management consideration
Future sentence expectations (for those placed in secure custody)
The classification officer will advise the prison warden director or his/her delegate about any
special concerns he/she may have about an inmate. The warden will advise the correctional
centre’s staff accordingly.
If a classification officer wants to make a placement that is an exception to this policy, he/she
will discuss it with the director, the sending correctional centre, and then with the classification
officer, or warden of the receiving prison. The warden of the receiving prison may grant the
exception after consultation with the classification officer and the director of the sending prison.
2.(e) Reviews of a Classification
When an inmate disagrees with a classification decision, is transferred against his/her will or is
denied a transfer, the classification officer shall:
(a) ensure that the reasons have been thoroughly explained to the inmate;
(b) where, on security or other grounds, it is not in the interest of the institution or the
inmate to disclose the reasons to the inmate, they shall nevertheless be recorded and
placed on the transfer log in the warrant file;
(c) advise the inmate that a request may be made to the prison warden, or next
appropriate level for the reasons to be stated in writing; and
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(d) advise the inmate of the grievance procedures.
3. Classification Officers’ Responsibilities
Classification officers’ responsibilities for classification and sentence planning include:
1. Assigning or reassigning inmates in any of the following ways:
(i) From court to any prison
(ii) From one secure prison to another
(iii) From a secure prison to an open one, or vice versa
(iv) From one open prison to another
(v) From an open or secure prison to a community correctional centre,
or vice versa
(vi) From one region to another
2. Informing correctional centres about arriving inmates and providing sentence plans
that include suggestions for case management and, where appropriate, for
reclassification of inmates.
3. Making recommendations to the prison warden, with respect to inmate transfer
applications under international, state, inter-state agreements for inmate transfers.
4. Program Analyst’s Responsibilities
Besides maintaining and developing inmate classification and other sentence management
policies and procedures, the program analyst’s responsibilities also include:
(i) Providing the prison service with a profile of the inmate population and
recommending a suitable distribution of inmates among correctional centres
(ii) Advising the prison service on classification criteria and on standards for judging
inmates according to those criteria
(iii) Recommending criteria for assigning inmates to specific correctional centres
(iv) Keeping the prison service informed about the programs of each correctional centre
(v) Negotiating and managing agreements for inmate transfers
5. Criteria for Assigning Inmates
5.(a) Guiding Principles
Prisons/correctional centres are classified as secure, open or community. An institution may be
designed to receive inmates of specific classifications.
Inmates will be assigned to an open correctional centre unless they meet the criteria for
assignment to a secure or community correctional centre.
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Unless they are assigned to special programs that prevent it, inmates should be assigned to
correctional centres as close to their homes as security levels and bed space permit.
Every offender shall be classified to and placed in a prison which:
(a) affords no greater security than is demonstrably necessary to meet the needs and
risks of the offender;
(b) offers programs which are designed to meet the correctional needs of the
offender; and
(c) is the closest institution to the offender’s home community which satisfies the
elements stated above.
Unless a substantial reason exists for not doing so, a classification officer shall classify and place
an offender in any program that has been recommended by the sentencing judge.
5.(b) Criteria for Assigning Inmates to Secure Centres
An inmate should normally be sent to a secure prison when:
1. He/she is judged to be dangerous to the community because:
(a) he/she has a pattern of convictions for violent offences;
(b) police information links him/her directly to violent and destructive behaviour;
(c) professional opinion indicates that he/she is unpredictable, likely to assault;
or
(d) his/her violent or aggressive behaviour makes him/her a risk to staff or to
other inmates.
2. He/she is judged as likely to attempt escape, because:
(a) he/she has attempted escape during his/her present sentence;
(b) he/she has attempted escape during previous sentences;
(c) he/she has committed further offences, and has been convicted for them
while on escape; or
(d) his/her attitude and behaviour have not noticeably improved since previous
escapes.
3. His/her behaviour makes him/her a serious management problem, because:
(a) he/she disrupts programs for other inmates;
(b) he/she intimidates other inmates;
(c) he/she continually violates rules and regulations; or
(d) he/she has not responded to discipline by changing his/her behaviour.
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4. The information about his/her background is insufficient to determine the level of
security he/she requires, because:
(a) he/she was evasive during his/her interview;
(b) the information he/she gave contradicts what is already known about
him/her;
(c) there is a need to verify finger print section information, previous involvement
with drugs, or previous responses to correctional programs; or
(d) his/her attitude toward other inmates needs clarification.
5. A medical or psychological assessment is needed to help classify him/her because:
(a) he/she has a background of instability, suggesting that he/she may be violent;
(b) he/she appears to have social or intellectual deficiencies that make
placement difficult;
(c) he/she shows evidence of being emotionally disturbed; or
(d) he/she has a mental or physical condition that requires hospital care.
6. Where the inmate is awaiting trial on further criminal charges or has other legal
matters pending that warrant his/her placement in a secure correctional centre, he/she
should be assigned to a secure correctional centre if:
(a) the outstanding prison court matters are more serious than the ones for
which he/she is serving a sentence;
(b) he/she has been remanded in custody on these matters;
(c) he/she has a pattern of failing to appear at court, which shows disregard for
court-imposed sanctions;
(d) the details of the outstanding matters are not clear;
(e) he/she is under investigation for a crime, but not yet charged;
(f) police have placed a detain and hold on file, noting outstanding charges that
have not been heard in court;
(g) he/she needs to be readily available for legal counsel;
(h) the crown is appealing his/her sentence;
(i) his/her instability suggests that he/she cannot cope with the anxieties of his/her
situation;
(j) his/her deportation has been ordered, and he/she is considered an escape
risk; or
(k) he/she is serving a sentence for a serious offence and a decision about
his/her deportation is still pending.
7. He/she meets the criteria for assignment to an open correctional centre, but has been
assigned to a special program only available at a secure prison.
8. Inmates identified as suicidal or violent shall be classified to and remain in secure
custody until such security alerts have been removed. Protective custody inmates may
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be classified from secure custody to lesser security while that security alert remains in
effect.
5.(c) Criteria for Assigning Inmates Directly to Community Correctional Centres
An inmate may be assigned directly to a community correctional centre if he/she meets the
following classification criteria:
1. His/her criminal behaviour is judged not to be a direct threat to the community,
because:
(a) the offences were non-violent;
(b) the offences appear to be isolated, not part of a pattern; and
(c) the judge recommends assignment to a community correctional centre.
2. He/she is:
(a) employed or seeking employment;
(b) registered at school or seeking to be registered; or
(c) is suitable for an in-house program because:
(i) his/her life pattern, including family relationships, is stable;
(ii) he/she manages finances responsibly;
(iii) he/she readily accepts authority and the limitation of his/her sentence
of imprisonment.
3. A temporary absence can be expedited.
4. The court’s intent in imposing the sentence of imprisonment would not be
compromised.
6. Reclassification
6.(a) Objective
There are four objectives to reclassification:
(i) To review the change in circumstances since the initial classification
(ii) To amend the classification report
(iii) To reclassify the inmate according to the new information
(iv) To meet intent of original sentence management plan
6.(b) Procedure
A classification review or file review can be initiated by an inmate or prison staff.
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Inmates who request reclassification must outline their reasons in writing, and submit the request
through the warden. The warden will add his/her comments and forward the request to the
classification officer within two working days from the time he/she receives it.
A prison warden who disagrees with a specific inmate’s classification will respond with a
reclassification request.
Reclassification requests initiated by the prison must be made in writing and be accompanied by
a summary of the inmate’s progress log.
Within two working days of receiving a request for reclassification, the classification officer will
review the inmate’s file and conduct an interview if necessary, except in the case of isolated
centres. If, for any reason, the sentence management unit cannot respond within two working
days, the classification officer will advise the warden by telephone of the delay.
The classification officer will advise the warden of the results of the reclassification review, and
be available to discuss them. The warden will advise the appropriate members of the prison’s
staff of the outcome.
An offender may be temporarily reclassified to a higher level of security. When the higher
security period is complete, he/she will, under normal circumstances, be returned to the
institution from which he/she came.
Where an application for temporary absence is approved and the inmate is to reside in a
community correctional centre for the purpose of the temporary absence, the inmate will be
transferred to that centre in accordance with the transfer.
6.(c) Criteria for Reassigning Inmates to a Community Correctional Centre
An inmate may be reclassified for assignment to a community correctional centre if he/she meets
the following classification criteria:
He/she is not considered a danger to the community because:
(a) he/she has no violent offence on record, or has shown by behaviour in the
correctional system that he/she is no longer likely to be violent; and
(b) he/she is not considered likely to attempt escape.
He/she has shown that he/she can assume the responsibility needed to live in a community
correctional centre because:
(a) all aspects of his/her behaviour are acceptable; and
(b) the staff at his/her present centre recommends him/her for that level of supervision.
He/she is considered suitable for the program operated by the community correctional
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centre.
C. SENTENCE PLANNING
1. General Comments
Sentence planning is a process that involves assisting inmates to make effective use of their
sentence.
Each inmate shall be assigned to an individual staff member who will ensure that the sentence
planning process is effectively carried out for that inmate. The staff member:
(a) identifies programs, activities, and opportunities available to the inmate within the
prison services and in the community,
(b) helps the inmate to establish goals and objectives, and
(c) gives advice regarding procedures required, forms required, and key dates for
community re-entry.
Progress Files
see I ADMINISTRATION
Regular entries shall be made in the progress log and the officer in charge of the unit shall
personally review all progress logs monthly.
2. Distribution of Information
The warden will ensure that each inmate is advised of activities, programs and opportunities that
are available. The inmate is responsible for availing him/herself of those opportunities.
3. Program Description
Each prison warden director will provide the program analyst with a program description
suitable for inmates who meet the classification criteria for secure prisons, open or community
correctional centre facilities. The description will be updated annually, or when the criteria for
inmates assigned to the program change, or when there is a change in the program.
The following format will be used for program description:
(i) Location (identifying specific criteria related to the management of inmates)
(ii) Living arrangements (type, number and resources such as medical facilities, isolation
cells, etc.)
(iii) Case management strategies and objectives
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D. CORRECTIONAL PROGRAMS
1. Educational Programs
1.(a) Library
1.(a)(i) Policy Objectives
The primary objectives of the library service are to facilitate the self-improvement of the inmate
through the provisions of reference material including legal information or recreational reading.
A secondary objective is to create a pleasant environment within the institution similar to
libraries in the community.
1.(a)(ii) Librarian
The librarian will be responsible for the daily operation of the library, including the selection,
ordering, cataloguing, maintenance, recording and control of all reading material.
The librarian shall be responsible for the purchase and distribution of all books, subscriptions,
etc. for other institutional departments under instructions from the relevant department.
The librarian shall seek input from other institutional departments such as recreation, arts and
crafts, vocational development and education when preparing orders for books and periodicals.
The librarian shall seek advice to establish procedures to be used in the event of such
emergencies as riots, fires, injuries or drug incidents.
The librarian shall immediately notify the officer in charge of any behavior problems that are
encountered in the library.
The librarian shall train an inmate as assistant librarian in the operation and procedures of the
library as well as the maintenance and care of the library stocks.
1.(a)(iii) Hours of Operation- Model
The hours of the library, unless otherwise specified by administration, shall be:
Main Library
Monday to Friday
1300 - 1545 hours
1800 - 2100 hours
Saturday and Sunday
1800 - 2100 hours
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Law Library
Monday to Friday
0830 - 1045 hours
1300 - 1545 hours
1800 - 2100 hours (only on request)
Only two inmates are to be in the law library at one time.
The library will be closed in the mornings to the general population. However, by appointment
only the librarian will be available to assist inmates who encounter any problems relating to
purchasing books, periodicals or any other problems that are under the library’s jurisdiction.
All inmates shall require passes when visiting the library. The only exceptions when passes are
not required are:
Monday to Friday
1800-2100 hours
Saturdays and Sundays
1.(a)(iv) Rules
The librarian shall process all inmate book purchases and periodical subscriptions and shall
distribute them after recording on effect cards held in the library. Procedures to be followed are:
(i) Inmate shall fill out the application form
(ii) If all relevant personnel approve request, the librarian shall order materials
(iii) If an inmate does not have sufficient funds, and requests family or friends pay for the
books or periodicals, then similar procedures shall be followed whereby the effects
form shall be approved first and then the item shall be sent in care of the librarian
directly from the publisher or bookstore only, with no personal enclosures
(iv) If this procedure has not been followed, any unauthorised packages, books,
periodicals, and so on, received at the institution shall be returned to the sender at the
sender’s expense
(v) The above procedures shall be fully explained to the inmates at the time of reception
into the institution as part of the orientation
No reference material shall be removed from the library without special permission from the
librarian, and only if material required is related to an authorised program supported by the
educational department.
Newspapers and magazines shall be read in the library. Back issues of magazines and
newspapers shall be sent to dissociation.
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Inmates with overdue material will be sent one overdue notice on a Thursday and if book(s) are
not returned by the following Sunday evening, the individual will have his/her privileges
withdrawn for a thirty day period and issued an activity record. Inmates shall be required to
pay for lost or damaged material.
Inmates will normally have access to those publications and reading materials that are available
to the general public, except for those publications:
(a) registered on the regional list of banned publications; and
(b) deemed by the warden to threaten the good order and security of the institution, or
the successful rehabilitation of the inmate.
No reference material shall be removed from the legal section.
Only two inmates are to be in the legal section at one time.
A section will be established containing large type books for the individual inmates with varying
degrees of visual impairment.
No card playing or board games are to be played in the library.
1.(b) Arts and Crafts Program
1.(b)(i) The Program
The arts and crafts program shall be comprised of a combination of formal instructional classes
and informal ongoing individual involvement.
Formal classes may be instructed by the arts and crafts instructor, an inmate instructor, a
volunteer from the community, or by a contracted instructor where funds permit.
For the informal part of the arts and crafts program, inmates must supply their own materials
and supplies.
1.(b)(ii) Hobby Permit
Every inmate involved in an arts and crafts activity shall have a hobby permit issued by the arts
and crafts instructor in consultation with the individual program plan team.
The arts and crafts instructor shall provide hobby permit statistics to the unit manager on a
quarterly basis.
Each inmate shall be informed of rules and regulations affecting arts and crafts activities by the
arts and crafts instructor prior to the issuing of a hobby permit.
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A hobby permit may be cancelled if the hobby privilege is abused.
Hobby permits may be changed by request after a time judged to be reasonable by the arts and
crafts instructor.
1.(b)(iii) Working Area Restrictions
All arts and crafts activities shall be restricted to the hobby shop and living unit as approved.
Hobby items found outside of these areas shall be considered contraband except items for sale
in visits and correspondence.
1.(b)(iv) Hobby Shop Supervision
Hobby shop supervision shall be done by the arts and crafts instructor or by a correctional
officer if the arts and crafts instructor is off duty.
1.(b)(v) Hours of Operation- Model
All arts and crafts activities shall take place during leisure hours only. Hours of operation of the
hobby shop shall be posted and are as follows:
Weekdays:
1400 hours - 2130 hours
Weekends and Holidays:
0830 hours - 1100 hours
1300 hours - 1600 hours
1800 hours - 2130 hours
When supervision permits.
1.(b)(vi) Disposal of Finished Products
Finished hobby work shall be disposed of in the following ways:
1. Products may be sold through approved channels to persons other than penitentiary
inmates, with proceeds credited to the inmate’s account. All items put up for sale are
done so at the inmate’s own risk, and must be ticketed by the arts and crafts instructor.
Staff shall not profit from the sale of inmate hobbies.
2. Products bearing sales tags issued by the arts and crafts instructor may be given to
approved visitors by the inmates.
3. Products may be given to, or mailed at the inmate’s expense to approved visitors.
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4. When an inmate completes hobby piece and wishes to sell or consign it, he/she may
attach a price to it. The hobby officer is the staff member who is responsible for
authenticating and verifying the asking price for any piece of hobbycraft based on cost
of material, labour involved and aesthetic qualities.
If the inmate does not agree with the judgement of the hobby officer, the inmate can forward the
article at his/her expense to his/her next of kin for no price.
Only the listed price will be returned to the inmate upon sale at the institution or after
consignment.
Any funds coming to an inmate for hobby sales where no merchandise has been forwarded will
be returned to the sender.
Hobby works will be sent as gifts or consigned to family members on approved visitors lists
only. Consignments are also allowed to reputable dealers.
1.(b)(vii) Storage
Finished hobby work products shall not be stored in the inmate’s personal effects or kept in the
living unit cells.
1.(b)(viii) Security Procedures
All institutional hobby tools must be marked, color coded and accounted for daily. This shall be
done by using a shadow board for all small hand tools. All missing tools must be reported to
security immediately.
The hobby officer controls all poisonous, toxic and hallucinogenic materials.
Possession of such materials outside of the hobby shop is contraband.
Efforts are made to substitute dangerous materials with water based products.
At the end of each day of program, the hobby shop shall be secured by locking all tool cabinets,
the office door and all access doors. At least one light shall be left on for the benefit of the
security patrol.
The institutional hobby tools must not be removed from the hobby shop.
1.(b)(ix) Safety Procedures
The arts and crafts instructor shall ensure that all tools and equipment are properly maintained
and in safe working order. All tools requiring repair shall be taken out of use until repairs are
made.
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The arts and crafts instructor shall ensure that inmates using power equipment are properly
trained for its use.
The arts and crafts instructor shall ensure that the hobby shop is maintained in a clean and tidy
condition to eliminate fire and accident hazards.
1.(b)(x) Limitations
The arts and crafts instructor shall ensure that no inmate accumulates a large supply of raw
materials or partially finished projects. Any inmate who is in possession of what is deemed by
the arts and crafts instructor as too large a quantity of hobby materials shall not be allowed to
purchase more materials until existing materials have been disposed of. The arts and crafts
instructor may set specific limits on certain hobby projects such as lamps, furniture, and so on,
to enforce this regulation.
3. Recreational Activities
3.(a) General
Every correctional centre shall provide and/or ensure inmate access to:
(i) An indoor recreational area specifically designed for a variety of sports and
recreational activities
(ii) An indoor recreational area suitable for organised sports activities of both group and
individual nature
(iii) A library (see above)
(iv) An area designed and equipped for arts and crafts (see above)
The four facilities listed above should be arranged in the community if they are not available on
the grounds of the institution.
Every correctional centre shall designate an officer to plan, implement and coordinate
recreational programs utilising the recreational areas.
The director of a correctional centre shall, to the extent that is practicable in the prevailing
circumstances, utilise available community personnel and facilities of the provision of recreational
programs.
Participation in recreational programs shall be voluntary on the part of inmates.
Participation in recreation should be encouraged, rather than compulsory.
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All correctional centres shall provide programs and facilities to ensure opportunities of the
exercise and recreation of inmates whose access to regular programs may be limited for security
or other appropriate reasons.
The standard refers to those inmates who may be segregated from the main population for
assignment to specialised living units or disciplinary segregation.
3.(b) Operation of Program
Whenever possible, activities shall be run by inmates who are under supervision of recreation
staff.
Weekly recreational activities shall be indicated on the weekly recreation schedule including
regular and special activities published by the recreation department.
With the help of inmates assigned to the recreation crew, recreation staff shall see that all
facilities and equipment are in good condition. An inventory of all major equipment shall be kept
up-to-date.
At the end of an afternoon or evening of recreation programs, all equipment shall be put away,
all recreation areas shall be checked, all doors shall be locked and lights turned out (except for
security lighting), radio and other electrical equipment shall be turned off.
For community groups or individuals coming into the institution to take part in recreation
programs, the institutional preventive security officer shall be notified two weeks in advance. A
list of names, addresses and birth dates of all such visitors shall be submitted to the institutional
preventive security officer for clearance.
3.(c) Relationships with Other Departments
The recreation department shall be in continuous cooperation with the correctional operations
and offender management teams, as they are concerned with the interests, welfare and
behaviour of each inmate.
The recreation department shall relate to the health care services staff for anything that involves
the physical or mental welfare of inmates. Health care officers shall be advised of any injuries or
other physical conditions suffered by inmates that are observed by the recreation staff. They
shall be consulted with regards to programs of fitness testing that are administered to inmates by
recreation staff.
The recreation department shall cooperate with the education department in running formal
physical education classes or other credit and non-credit recreation courses.
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The recreation department shall, whenever necessary, consult any other department concerned
with such matters as purchasing, finance, maintenance, or institutional services, by following the
proper procedures set down by each respective department.
3.(d) Emergency Procedures
The recreation department shall be aware of all established procedures used in the event of such
emergencies as escapes, riots, fires, injuries, or drug incidents, etc.
4. Work Programs
4.(a) Objective
The prison shall provide sufficient institutional work program opportunities for all sentenced
inmates.
An inmate work program may include industrial, agricultural maintenance and service jobs, and
shall ensure full-time employment for all eligible sentenced inmates. Sufficient jobs should be
provided to ensure that no idleness is created through lack of programs.
A traditional concern around the employment of inmates is that of the value of the work
provided. These standards assume that work sold is constructive and of real value, comparable
to work that is both necessary and available outside of the institution.
In order to approximate a non-institutional working environment, no more inmates than
necessary should be assigned to a given work area. Job opportunities available in the institution
should provide opportunities to learn job skills and develop acceptable non-institutional work
habits.
The inmate working day shall be structured as to approximate the working day in the
community. The intent is to familiarize inmates with work habit expectations in the community.
To the extent possible, scheduling of counts and other institutional activities should not interfere
with the working day of inmates.
4.(b) Classification
Notwithstanding other classification decisions, every inmate shall be classified to one of the
following classifications prior to any decisions regarding work, education and recreation being
taken:
(i) Inmate is fit for full work, competitive sports and physical training
(ii) Inmate is fit for full work, but not rigorous work, and full physical training, but no
competitive sports
(iii) Inmate has a medical condition and is fit for light work only and the level of physical
training shall be modified by medical classification
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(iv) Inmate requires medical supervision and is fit for very light duties and minimal
activity in the form of hobbies only
(v) Inmate is not fit for work of any kind or physical training of any kind
The above classification decisions are the responsibility of a qualified health care professional at
the time of intake into a prison.
4.(c) Placement
Initial placement will be made according to requirements of the operations at the time.
Factors taken into consideration for initial placement will be:
(i) Age
(ii) Physical condition
(iii) Past work history and experience
(iv) Recommendations from previous work supervisors
4.(d) Review of Placements
Each individual’s work/placement shall be reviewed at the first work board after his/her arrival
and at subsequent work boards thereafter, to ensure that placements are in line with CMS
needs identified in the front end assessment.
The work board shall make every effort to place inmates in programs in as timely a manner as
possible.
4.(e) Work Remuneration
There shall be a system of equitable remuneration of the work of prisoners.
Under the system, prisoners shall be allowed to spend at least a part of their earnings on
approved articles for their own use and to send a part of their earnings to their families.
The system should also provide a part of the earnings to be set aside by the administration so as
to constitute a savings fund to be handed over to the prisoner on his/her release.
5. Religious Programs
5.(a) Availability of Clergy/Spiritual Advisors
All persons in custody shall have the right of access to clergy and/or spiritual advisors of any
group which meets the following criteria:
(i) Either there is:
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(a) an informal association of persons who share common ethical, moral or
intellectual views supporting a particular practice, or
(b) there is a formal, organised worship of shared belief by a recognised and
cohesive group supporting the practice.
(ii) There is substantial literature supporting the practice as related to religious principle
(iii) The offender deeply and sincerely holds a particular belief
(iv) The belief fosters positive spiritual attitudes towards the individual, society and
creation
Further, the following criteria should not be considered as indicative of a lack of religious
support for the practice in question:
(i) The belief is held by a small number of individuals
(ii) The belief is of recent origin
(iii) The belief is not based on the concept of a supreme being or the equivalent
(iv) The belief is unpopular or controversial
5.(b) Chaplain
5.(b)(i) Chaplain’s Responsibilities
The chaplain:
(a) provides pastoral counselling and assistance to inmates and their families;
(b) originates, coordinates and develops spiritual and religious programs of a
rehabilitative nature;
(c) serves as an ad-hoc member of the inmate program planning team;
(d) communicates to the community both the needs of the offender in the institution and
the public goal in helping to re-enter the community;
(e) is responsible for the supervision of part time chaplains; and performs other duties.
A flexible work schedule shall be necessary to carry out some of the above duties.
5.(b)(ii) Contacts
The institutional chaplain shall maintain contacts with his/her own respective bishop, his/her
specific religious order, other designated authorities of the various religious denominations
represented in the institution, special agencies, hospitals (mental and physical), local movements
and any other agency that is deemed advantageous and necessary toward the rehabilitation of
the inmate or helpful towards the inmate’s family.
5.(b)(iii) Presence
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The chaplain shall provide a visible presence in and about the institution and through this
presence provide pastoral counselling and spiritual support to inmates, families and staff as
appropriate by the following means:
(i) Through being an actual living experience of the faith dimensions of life
(ii) Through presenting a theological interpretation of human existence and experience
(iii) Through expressing the prophetic dimension of ministry and priesthood
(iv) Through dealing with issues of faith and relationship with God
(v) Through being seen and present throughout the institution, representing the spiritual
dimension of life, while maintaining a holistic understanding of life
(vi) Through visiting around the institution, particularly where inmates do not have free
movement such as dissociation, hospital, protective custody unit, special handling unit
and segregation unit as well as the shops, schools, gyms, living units, cell ranges and
visits and correspondence areas
(vii) Through pastoral counselling both on an individual and group basis
(viii) Through pastoral encounter dealing with life’s meaning, forgiveness, guilt, anger,
hostility, pain, aloneness, loneliness, power, grace, self-worth, acceptance, death, trust,
health, grief and other significant components of human existence and experience
(ix) Through referring to and consultation with appropriate staff and groups, such as
custody, leisure activities, psychologists, case management officers, Alcoholics
Anonymous, Native Brotherhood, etc.
(x) Through crisis intervention in experiences such as grief, illness, despair, death, anger,
depression, parole denial and suicide attempts
(xi) Through involvement with families
5.(b)(iv) Worship and Sacramental Ministries
The chaplain shall originate, direct and coordinate religious services and sacramental ministries
to inmates, by the following means:
(i) Through designing worship services, prayer life, liturgy, sermons and homilies
relevant to the correctional milieu
(ii) Through conducting appropriate weekly worship services and/or masses, masses or
worship services for holy days and significant days and seasons throughout the religious
calendar
(iii) Through designing and conducting special services, such as funerals, and addressing
the stress and anger generated by death within an institution
(iv) Through coordinating religious visitors for inmates of minority religious expression
within the institution, such as Jewish, Native, Mormon, Quaker, Jehovah’s Witness,
Muslim, Hindu, Buddhist and others
(v) Through developing a ministry to meet unique crises and special situations with
liturgy and worship
(vi) Through creating and maintaining a “sanctuary” atmosphere within the chapel
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5.(b)(v) Religious Education
The chaplain shall create, coordinate and develop religious programs and spiritual growth of
inmates, such as bible study and retreats, through:
(i) Designing, developing, conducting, evaluating and modifying programs and activities
in the area of Religious/Christian education
(ii) Pursuing and developing personal talents and interests of inmates using a multiplicity
of audio-visual, musical and curriculum models
(iii) Conducting prayer and bible study groups
(iv) Training chapel volunteers to be involved in Religious/Christian education programs
(v) Designing, developing, conducting, evaluating and modifying chapel programs such
as Kairos (Marathon) groups, cursillos, Yokefellow groups, retreats, seminars, etc.
(vi) Administering, ordering supplies, pass lists, custodial and institutional
procedures as necessary to function with a correctional milieu
(vii) Purchasing, acquiring and distributing religious literature and materials
5.(b)(vi) Fostering Community Involvement
The chaplain shall present to the community, including his/her own and other churches, the
needs and concerns of persons affected by the criminal justice system and educate the
community regarding its roles in reconciliation.
This includes the recruitment and training of chapel volunteers for prison work. This may be
done through the following ways and means:
(i) Through accepting invitations to address, present papers, lead seminars or act as a
resource person to meetings in the community
(ii) Through accepting invitations to deliver sermons or homilies to church
congregations
(iii) Through attending denominational retreats, workshops, conferences,
conventions, presbytery, deanery, camp or synod meetings
(iv) Through seeking and selecting desirable volunteers from churches to be involved in
chapel activities
(v) Through training and sustaining chapel volunteers
(vi) Through supporting ex-inmates and their families in community integration
5.(b)(vii) Integration of Chaplaincy
The chaplain shall integrate chaplaincy services and spiritual awareness into the total life of the
institution by regular involvement with all other staff and by attending such meetings as may be
desirable in line with his/her role.
The chaplain can integrate chaplaincy services in the following ways:
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(i) Through participating in the case management process, particularly in relation to
inmates who are closely monitored
(ii) Through maintaining the integrity of ministry and priesthood
(iii) Through developing a theological understanding of existence and experiences as
characterized by institutional life
(iv) Through developing a system of values affirming human worth and dignity by
participation in institutional life
(v) Through administering an institutional department
(vi) Through making appropriate representations as a resource person at institutional
board meetings
(vii) Through developing a working relationship with staff where activities overlap with
chaplaincy services
(viii) Through involvement in crisis situations especially where a particular understanding
or relationship has been developed
6. Community Volunteer Involvement
6.(a) Policy Objective
To ensure that volunteers form an integral part of the institution’s self help programs and
program delivery.
To develop and maintain ties between offenders, community and the service by encouraging
citizen participation.
6.(b) Involvement of Volunteers
Involvement of community organisation volunteers and outside professionals in program
development and delivery shall be actively encouraged.
Community groups and individuals representative of various ethnic and socioeconomic origins
shall be encouraged to volunteer their services.
Community groups and individuals shall be encouraged to assist offenders in integrating into the
community when released from prison.
Community groups and individuals may provide assistance in establishing beneficial relationships
between the service and the community by keeping the community informed about corrections.
6.(c) Proposals for Volunteer Groups
Proposals for establishing and utilising volunteer services shall contain:
(i) Description of proposed service
(ii) Objectives of proposed service
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(iii) Target population
(iv) Institutional program affiliation (if any)
(v) Manner in which proposed service is to be evaluated
(vi) Manner in which the volunteer is to be provided with appropriate
training/orientation
(vii) Frequency of events
(viii) Qualifications of volunteer (in case of volunteers providing a professional service,
suitable proof of professional standing must be included)
(ix) A list of material or equipment required by the volunteers that is supplied by the
institution
(x) A list of items, articles, books, which will be brought into the institution by the
volunteers
(xi) Any other relevant information
Each prospective volunteer must complete a “Volunteer Application” which is submitted with
the proposal, and must await clearance.
Each volunteer shall be in only one group and shall declare the specific group on the application.
6.(d) Contact Person
All volunteer groups shall have an institutional contact person who will be responsible for:
(i) Receiving volunteer proposals
(ii) Providing supervision
(iii) Assisting in providing orientation training prior to allowing individuals or groups into
the institution on a continuous basis
(iv) Liaison between community group and institution department
Community groups or individuals who do not have an assigned liaison/contact person shall be
referred to leisure activities staff.
6.(e) Security Screening
All volunteers must undergo a security screening prior to entry into the institution.
1. Volunteers on individual inmate visit and correspondence lists shall not be allowed to
visit as a volunteer.
2. Volunteers cannot work at more than one institution.
Volunteers who are affiliated with the chapel shall send their application to the chaplains, who
shall forward them to the preventive security section for processing.
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All self-help group volunteers shall submit their applications to the unit manager of leisure
activities.
6.(f) Orientation
All volunteers must complete an orientation program comprising of:
(i) Volunteer handbook
(ii) Tour of the institution
(iii) Security concerns and volunteers responsibilities
(iv) Communication network for volunteers
(v) Procedure at principle entrance
(vi) Conduct while in the institution
Liaison/contact officer must also conduct an interview aimed at determining the suitability of
each volunteer.
All volunteers must sign a document “Volunteer Participation Agreement” that:
(a) absolves the service of any responsibility for harm, except if it is a direct result of
negligence on the part of the service, and
(b) acknowledges that they have received an orientation session and handouts.
E. SENTENCE ADMINISTRATION OF YOUNG OFFENDERS
1. Case Manager
Every youth, upon admission to a custody centre for a period in excess of thirty days, shall have
a case manager assigned to him or her within three days.
Discussion:
In order to ensure that the individual needs of every youth are met, a case
manager shall be assigned and be responsible for ensuring that the youth’s
progress through the program is as positive as possible.
The institutional case management coordinator shall assume responsibility for the case
management of all youths committed for custody for a period of less than thirty days.
The case manager, in consultation with any youth under his or her supervision as well as the
responsible field probation officer, shall develop within thirty days of placement a written
individualised, time-limited and goal-oriented plan of care that shall include:
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(i) A statement of goals to be achieved or worked towards for the youth and his/her
parent(s), family or guardian(s) during the youth’s stay in the centre
(ii) Specification of the daily activities, including education and recreation, to be pursued
by the staff and the youth in order to attempt to achieve the stated goals
(iii) Specification of consistent and suitable staff responses to the youth
(iv) Specification of any specialised services that will be provided directly or arranged
for, and measures for ensuring their proper integration with the youth’s ongoing program
activities
(v) Specification of time-limited targets in relation to overall goals and specific
objectives
(vi) Goals and anticipated plans for discharge and aftercare
2. Staff Involvement
Case management requires the combined effort of all the correctional staff in integrating the
inmate in the range of programs, activities and opportunities available to ensure that he or she
makes the best use of his or her sentence.
2.(a) Field Probation Officer
The field probation officer associated with the youth prior to commitment to the program and
the case management coordinator associated with the youth in containment, shall be mutually
responsible for pre-release and release planning for the youth
Discussion:
Any program of detention, containment or treatment for a youth must be
seen as a part of a continuum which is essentially community-centred.
Therefore, the field probation officer should have the major responsibility
for overall case management and planning, which includes pre-placement
and release planning.
The field probation officer should participate in planning a supervision
program with the youth, youth correctional program staff, parents and/or
guardians, and other important persons in the youth’s life.
2.(a)(i) Contact
The field probation officer shall ensure that at least monthly contact occurs between him/herself
and:
(a) the youth in question,
(b) the case management coordinator concerned with the ongoing conduct and planning
of the case, and
(c) the parent(s)/guardian(s) responsible for the care of the youth in question.
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3. Educational and Recreational Programs
3.(a) Educational Programs
Every youth shall have the opportunity to participate in an educational program approved by the
ministry of education.
Discussion:
Youths under the age of 15 must, by law, attend school. Youths 15 years
and over should be encouraged to attend school in order to upgrade their
formal academic training.
3.(b) Equality of Access
Male and female youths in youth programs shall have equal access to all program services and
activities.
Discussion:
Traditionally, male youths far outnumber female youths in youth programs.
Nonetheless, male and female youths should be encouraged to participate
equally in all program services and activities provided by the youth program.
The small numbers of females present must not preclude facilities and
programs being offered to them.
3.(c) Leisure and Recreational Activities
The youth program shall make provisions for youths to have periods of free, unplanned time
during the course of the day’s activities.
The youth program shall ensure that a range of indoor and outdoor recreational opportunities
are provided, based on both the individual interests and needs of the residents and the
composition of the group.
Discussion:
The youth program should provide youths with a range and level of leisure
time activities commensurate and comparable to community standards.
Youths need an outlet for exercise of physical energy and emotional
expression. Both planned and unplanned play provides opportunities for
joy, fun, exuberance and creativity in a relaxed and pleasurable manner.
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Youth programs shall provide a minimum of two hours opportunity for planned recreation time
each day.
Discussion:
This is in addition to unplanned leisure time. A range of types of activities
providing opportunities suitable to the needs, interests and abilities of the
residents should be provided.
Youth programs may be co-educational.
The standard requires that the planning, design and implementation of any youth program shall
allow for co-educational facilities, services and programming. Involvement and contact between
the sexes shall conform to normal community standards for the age group in question. The
standards and practices of local school boards is probably a good indicator of appropriate
expectations.
4. Visits
Written visiting rules for the program stating hours and days of visits shall be posted in central
locations, provided to each youth upon admission, and to the youth’s family and/or guardian(s)
upon his/her admission and shall be available to any individual upon request.
Discussion:
The visiting rules for any program should encourage optimal contact
between the resident and his/her family, guardian(s), members of the
community, and others involved in his/her case.
Under certain circumstances, a young offender may be transferred or sentenced to adult
custody.
5. Rehabilitative Programs
Where a youth is sentenced to a containment program, he/she shall have the right to apply, at
any time, for temporary absence to participate in an educational or other program or medical
treatment, whether held inside or outside the youth containment centre.
Discussion:
The right to apply does not guarantee the granting of the release. However,
successful reintegration into the community almost demands that contained
youths be exposed to the resources they will utilise in the community at
some point prior to their final discharge from the containment program.
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6. Sentence Reviews
Youths sentenced to containment shall undergo an administrative review at the completion of
one-third of the custody sentence, with a view towards making an application to the youth court
for early release, or transfer to open custody, as appropriate.
Discussion:
Youths committed to secure custody would normally be transferred to open
custody before being granted an early release by the court. A review of the
secure custody sentence, with a view to making an application to the court
for a transfer to open custody, must be made after one-third of the secure
custody sentence is served. If the youth is not transferred after one-third,
then a further review must occur after the completion of two-thirds of the
secure custody sentence, or earlier if appropriate.
Youths in open custody must undergo a review with a view to making an application to the
court for early release, after completion of one-third of the open custody sentence. Should an
application be considered inappropriate at that time, or if the court rejects the early release
application, a further review must occur after completion of two-thirds of the youth’s open
custody sentence.
7. Juveniles Serving Sentences in Adult Correctional Facilities
7.(a) Admission
When a young offender is admitted to an adult correctional centre, the centre director shall
ensure that the admission of the young offender is accompanied with an appropriate court order.
7.(b) Youth Information
Sentence administration staff are legally entitled to refer to a young offender’s record
information to assist in the management of the case, and should obtain this information
particularly in cases where the current offence or previous history involves violence.
This information may include:
(a) case file,
(b) youth pre-disposition reports,
(c) youth psychological/psychiatric assessments, or
(d) other relevant information available from youth custody centres or the field probation
officer.
Note: Young offender records relating to previous summary convictions cannot be disclosed if
five years has passed since the youth disposition. In the case of previous indictable offences,
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the records may not be used if there have been five crime-free (indictable) years since the
expiration of the youth disposition.
Sentences being served by a youth in an adult facility are subject to remission and parole and
should be administered like any other adult sentence.
Typically, cases transferred will involve youths who are violent and/or persistent offenders.
This must be taken into account in sentence administration.
7.(c) Authority to Transfer 18 Year Olds to an Adult Facility
The director of the youth custody centre may request that a young person serving a youth
disposition who attains the age of 18 be transferred to an adult prison.
Transfer applications can arise in two separate sets of circumstances:
(i) Where a young person is committed to custody and attains the age of 18 years
(ii) Where the young person is committed to custody and is concurrently serving a
sentence of imprisonment imposed in ordinary court
In either event, an authorisation for the transfer signed by a director of a youth custody centre
must accompany the young person on admission to the adult correctional centre.
Since these orders result in a youth disposition being served in an adult correctional centre, the
young person is not eligible to earn remission or apply for parole with respect to the youth
custody disposition.
Under court review provisions, the young person may make an application to court at any time
and is also required to appear before the youth court annually.
The director of the youth custody centre or the local director of the community probation office,
depending on the circumstances, shall consult with the youth and the local adult sentence
management unit to develop a joint plan with respect to the youth’s proposed classification to an
adult correctional centre. In preparing the plan, the normal adult classification procedures shall
apply, having regard for the special needs of the young person.
This joint plan shall be prepared and forwarded to the regional director for approval. This
approval can be provided either orally or in writing, as the circumstances may require.
Following placement in an adult prison, the adult sentence management unit must seek approval
of the regional director before re-classifying the youth to a lower level of security.
7.(d) Case Management Responsibility
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When a young offender is transferred to an adult prison, the youth’s probation officer retains the
young offender as part of his or her active caseload and is to liaise closely with the correctional
centre to provide advice on case planning and, in particular, court review applications.
7.(e) Return to Youth Custody
In rare cases, the youth may be returned to the youth custody system when an application has
been authorised and put into effect. This can only be effected by way of an application for court
review which shall be made by the field probation officer with case management responsibility.
Before making such an application, there should first be a consultation with local counsel and the
program analyst, youth services, regarding the procedure.
7.(f) Transfer of Jurisdiction
When a young offender is subject to a custodial disposition and receives an additional sentence
in adult court, it is possible to apply to the adult court to “convert” the “remaining portion” of the
youth disposition to an adult sentence, unless to do so would bring the administration of justice
into disrepute. This “converted” youth disposition may be ordered by the court to be served
concurrently with or consecutive to the adult sentence.
When a youth disposition is converted to an adult sentence and the remaining portion of that
disposition is two years or more in length, the inmate is subject to transfer to a penitentiary.
Similarly, if the converted remaining portion of the youth disposition is imposed consecutive to
the adult sentence and these sentences total two years or more, the result would be a
penitentiary placement.
The provincial director has discretionary powers to determine where a youth under a concurrent
youth custody disposition and an adult court sentence shall serve the concurrent portions of the
sentence. The disposition and sentence, and any portions thereof, may be served in a youth
custody centre, a provincial correctional facility for adults, or, where the unexpired portion of
the sentence is two years or more, in a penitentiary.
Examples:
1. The youth is sentenced to one year in the youth court and a concurrent sentence of two years
less one day in the adult court- the sentence would be served in a prison for adults.
2. The youth is sentenced to one year in the youth court and a concurrent sentence of three
years in the adult court- the sentence would be served in a penitentiary if the unexpired
(remaining) portion of the adult sentence is two years or more at the time of the proposed
transfer.
3. The youth is sentenced to one year in the youth court and a concurrent sentence of two
years in the adult court, but a week has passed since these youth and adult sentences were
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imposed. In these circumstances, the youth may only be placed in an adult prison because the
unexpired portion of the adult sentence is now less than two years.
4. The youth has been sentenced to three years in the youth court and a concurrent sentence of
eighteen months in adult court. In these circumstances, the placement can only be to an adult
prison because, although the youth sentence is three years, the adult sentence is less than two
years. In cases such as this, where the adult sentence will expire before the youth sentence,
crown counsel should be encouraged to “convert” the youth sentence to an adult sentence by
way of an application, or an application should be made to have the youth sentence served in an
adult prison.
7.(g) General Policy
When a youth is serving a youth custody sentence and is sentenced to a concurrent period of
adult imprisonment, or when the youth is serving an adult sentence and receives a subsequent
youth custody sentence, the sentence shall be served in an adult prison, except where:
(a) the adult custody sentence will expire before the youth sentence does; or
(b) it is clearly in the better interests of the youth, and not contrary to the public interest,
for the youth to be retained in a youth custody centre.
7.(g)(i) Exceptions
When an exception to the general policy of a youth serving a concurrent sentence in a adult
centre arises, the director of the youth custody centre, director of sentence management unit of
the prison, and the local director of the supervising probation office should attempt to arrive at a
decision by mutual agreement.
Where a decision cannot be reached by mutual agreement, the matter shall be referred to the
regional director of the region of the youth custody centre from which the youth originated, for
decision.
8. Review of Progress File
A review of every progress file shall take place as follows:
(i) Inmate’s case manager- minimum monthly
(ii) Officer in charge of the unit- minimum monthly (keeping notes for discussion with
staff, as appropriate)
(iii) Warden and deputy wardens- to review samples regularly
(iv) Classification- on scheduled review dates, when presented for reclassification
consideration, and by regular spot checks
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III INMATE RIGHTS AND TREATMENT OF PRISONERS
Table of Contents
PART ONE: UN GUIDELINES...............3
A. GENERAL RIGHTS OF PRISONERS ...................3
1. Right to Humane Treatment ...............................3
2. Right to Equality/Freedom from
Discrimination.....................................................4
3. Use of Least Restrictive Measures ......................5
4. Right to Life, Liberty, Security ...........................6
4.(a) Inherent Right to Life..................................6
4.(b) Capital Punishment....................................7
5. Protection Against Torture/Mistreatment.........8
5.(a) Definition....................................................8
5.(b) Right to Protection Against Torture...........9
5.(c) Protection Against Using Statements
Procured under Torture...........................11
5.(d) State Responsibility...................................11
5.(e) Right to Make Complaints ........................14
5.(f) Right to Redress ........................................16
6. Rights Governing Use of Force, Firearms
and Physical Restraint –
see IV SECURITY
7. Limitations on Disciplinary Measures
see VI DISCIPLINE
B. RIGHTS BEFORE THE LAW................................17
1. General.................................................................17
2. Rights upon Arrest..............................................18
3. Interrogation........................................................19
4. Right to Contact with the Outside World........20
5. Right to Legal Consultation and Recourse......21
6. Right to a Prompt and Fair Trial.......................23
7. Right to Compensation for Unlawful
Detention............................................................26
C. RIGHTS DURING TERM OF
IMPRISONMENT..................................................26
1. Duties of Authorities and State Officials ........26
2. Right to Information...........................................26
3. Right to Make Complaints.................................27
4. Right to Independent Inspections......................28
5. Right to Compensation upon Violation of
Rights..................................................................28
6. Visitation and Correspondence .........................29
7. Right to Privacy and Confidentiality................30
8. Language Rights..................................................31
9. Religious Rights..................................................31
10. Education and Culture –
see II CASE MANAGEMENT
11. Recreation –
see II CASE MANAGEMENT
12. Accommodation .................................................32
13. Health, Hygiene, Clothing and Nutrition
– see V HEALTH
14. Protection Against and Prevention of
Enforced Disappearance ...................................34
15. Administrative Safeguards Against
Enforced Disappearances..................................36
16. Protection Against Summary Executions ......38
16.(a) Prevention..............................................38
16.(b) Investigation...........................................39
16.(c) Legal Proceedings..................................41
17. Reintegration and Release...............................42
D. SPECIAL GROUP RIGHTS ..................................42
1. Insane and Mentally Disordered Prisoners
– see II CASE MANAGEMENT and
HEALTH
2. Detainees/Unconvicted Prisoners......................42
2.(a) General Rights .........................................43
2.(b) Separation from Convicted Prisoners......43
2.(c) Special Provisions....................................44
3. Women’s Rights ..................................................45
4. Treatment of Foreign Prisoners........................46
5. Rights of Civil Prisoners ....................................48
6. Rights of Inmate’s Family..................................48
6.(a) Rights of Family upon
Disappearance/Injury/Death of Inmate
.................................................................48
see also III INMATE RIGHTS AND
TREATMENT OF PRISONERS
6.(b) Right of Inmate’s Family to Receive
Aid............................................................49
E. JUVENILE JUSTICE...............................................49
1. General Rights ....................................................49
1.(a) Application of the Standard Minimum
Rules for the Treatment of Prisoners .......49
1.(b) Minimal Use of Institutionalisation..........50
1.(c) Detention Pending Trial ...........................51
1.(d) Right to Equal Treatment/Freedom
from Discrimination.................................53
1.(e) Right to Life, Liberty and Security ............53
1.(e)(i) General ........................................54
1.(e)(ii) Capital Punishment.....................55
1.(f) Limitation of Physical Restraint and the
Use of Force.............................................55
1.(g) Guiding Principles in Adjudication and
Disposition...............................................56
1.(h) Admission and Registration....................57
see also I ADMINISTRATION
2. Rights under the Law..........................................58
2.(a) General ....................................................58
3. Rights During Imprisonment ............................59
3.(a) Right to Separate Treatment.....................59
3.(b) Right To Independent Inspections:
Inspections of Juvenile Facilities ..............60
3.(c) Physical Environment and
Accommodation........................................61
3.(d) Education, Vocational Training and
Work – see III CASE
MANAGEMENT
3.(e) Recreation – see II CASE
MANAGEMENT and V HEALTH
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III INMATE RIGHTS AND TREATMENT OF PRISONERS
3.(f) Religion .....................................................62
3.(g)Health and Medical Care –
see V HEALTH
3.(h) Notification of Imprisonment,
Transfer, Illness, Injury and Death..........63
3.(i) Contacts with the Wider Community.........64
3.(j) Inspections and Complaints ......................65
3.(k) Privacy.....................................................66
PART TWO: PROPOSED PRISON
POLICY..................................................68
A. RIGHTS BEFORE THE LAW................................68
1. Rights upon Arrest..............................................68
2. Interrogation........................................................68
3. Right to Legal Counsel.......................................69
4. Appeal Procedures...............................................69
4.(a) Filing of Appeal........................................69
4.(b) Appeal Information ..................................69
4.(c) Notification of Results of an Appeal..........69
B. RIGHTS DURING TERM OF
IMPRISONMENT..................................................70
1. Visits .....................................................................70
1.(a) General Comments ..................................70
1.(b) Types of Visitors.......................................70
1.(c) Visit Settings .............................................71
1.(d) Hours of Operation..................................71
1.(e) Visiting Process........................................71
1.(e)(i) Coordinator Responsibilities........71
1.(e)(ii) Visit Requests ..............................72
1.(e)(iii) Screening....................................72
1.(e)(iv) Visit Restrictions.........................72
1.(f) Private Family Visits .................................73
1.(f)(i) Private Family Visits- Process......73
1.(f)(ii) Private Family Visits- Criteria.....73
1.(f)(iii) Frequency and Duration of
Visits...................................................74
1.(f)(iv) Number of Participants
Allowed...............................................74
1.(f)(v) Cancellation of Visit.....................74
1.(f)(vi) Private Family VisitsAllowable Items..................................74
1.(f)(vii) Private Family VisitsRegulations.........................................75
2
1.(g) Visitor Identification/Admission ...............75
1.(h) Sign ..........................................................76
1.(i) Notice to Visitors.......................................76
1.(j) Minor or Major Threat.............................76
1.(k) Suspension ...............................................76
1.(k)(i) General ........................................76
1.(k)(ii) Suspension Beyond One Year .....77
1.(k)(iii) Written Notification....................77
1.(k)(iv) Appeal ........................................78
1.(l) Searches of Visitors –
see IV SECURITY
1.(m) Visiting Area............................................78
2.Correspondence ....................................................78
2.(a) Definition..................................................78
2.(b) Categories ................................................78
2.(c) Copying....................................................79
2.(d) Reading and Viewing Material.................79
3. Religious Rights ..................................................80
3.(a) General ....................................................80
3.(b) Religious Objects......................................81
3.(b)(i) Headdress....................................81
3.(b)(ii) Ceremonial Accouterments .........82
3.(c) Diet...........................................................82
3.(d) Provision of Worship Space.....................82
4. Medical Rights.....................................................82
4.(a) Protection Against Harmful Medical
Procedures ...............................................82
4.(a)(i) General ........................................82
4.(b) Substance Testing.....................................82
4.(b)(i) Voluntary.....................................82
4.(b)(ii) Refusal ........................................83
4.(c) Private Clinicians Visiting Inmates ..........83
4.(d) Inmate Fasting.........................................83
4.(d)(i) Definition .....................................83
4.(d)(ii) Right to Fast................................83
4.(e) Personal Hygiene .....................................84
5. Accommodation ...................................................84
5.(a) General ....................................................84
5.(b) Inmates in Separate Living Units.............85
5.(c) Privacy and Electronic Surveillance.........85
6. Searches...............................................................85
7. Grievance Procedure...........................................85
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III INMATE RIGHTS AND TREATMENT OF PRISONERS
III INMATE RIGHTS AND TREATMENT OF PRISONERS
PART ONE: UN GUIDELINES
A. GENERAL RIGHTS OF PRISONERS
1. Right to Humane Treatment
Universal Declaration of Human Rights 1
Article 4
No one shall be held in slavery or servitude. Slavery and the slave trade shall be
prohibited in all their forms.
International Covenant on Civil and Political Rights 2
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.
Basic Principles for the Treatment of Prisoners 3
Principle 1
All prisoners shall be treated with the respect due to their inherent dignity and value as
human beings.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 4
Principle 1
All persons under any form of detention or imprisonment shall be treated in a humane
manner and with respect for the inherent dignity of the human person.
Code of Conduct for Law Enforcement Officials
Article 2
1
General Assembly Resolution 217 (III) of 10 December 1948.
2
General Assembly Resolution 2200 A (XXI) of 16 December 1966.
3
General Assembly Resolution 45/111 of 14 December 1990.
4
General Assembly Resolution 43/173 of 9 December 1988.
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III INMATE RIGHTS AND TREATMENT OF PRISONERS
In the performance of their duty, law enforcement officials shall respect and protect
human dignity and maintain and uphold the human rights of all persons.
Commentary
(a) The human rights in question are identified and protected by national and
international law. Among the relevant international instruments are the
Universal Declaration of Human Rights, the International Covenant on Civil
and Political Rights, the Declaration on the Protection of All Persons from
Being Subjected to Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, the United Nations Declaration on the Elimination
of All Forms of Racial Discrimination, the International Convention on the
Suppression and Punishment of Crime of Apartheid, the Convention on the
Prevention and Punishment of the Crime of Genocide, the Standard
Minimum Rules for the Treatment of Prisoners and the Vienna Convention
on Consular Relations.
(b) National commentaries to this provision should indicate regional or
national provisions identifying and protecting these rights.
2. Right to Equality/Freedom from Discrimi nation
The Universal Declaration of Human Rights 5
Article 1
All human beings are born free and equal in dignity and rights. They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or
international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.
Basic Principles for the Treatment of Prisoners 6
Principle 2
5
Supra, note 1
6
Supra, note 3
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III INMATE RIGHTS AND TREATMENT OF PRISONERS
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There shall be no discrimination on the grounds of race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
Principle 3
It is, however, desirable to respect the religious beliefs and cultural precepts of the
group to which prisoners belong, whenever local conditions so require.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 7
Principle 5
1. These principles shall be applied to all persons within the territory of a given state,
without distinction of any kind, such as race, colour, sex, language, religion or religious
belief, political or other opinion, national, ethnic or social origin, property, birth or other
status.
2. Measures applied under the law and designed solely to protect the rights and special
status of women (especially pregnant women and nursing mothers), children and
juveniles, aged, sick or handicapped persons, shall not be deemed to be discriminatory.
The need for, and the application of, such measures shall always be subject to review
by a judicial or other authority.
Standard Minimum Rules for the Treatment of Prisoners 8
Rule 6
1. The following rules shall be applied impartially. There shall be no discrimination on
grounds of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
2. On the other hand, it is necessary to respect the religious beliefs and moral precepts
of the group to which a prisoner belongs.
3. Use of Least Restrictive Measures
Basic Principles for the Treatment of Prisoners 9
Principle 5
7
Supra, note 4
8
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva 1955,
approved by the Economic and Social Council Resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13
May 1977.
9
Supra, note 3
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Except for those limitations that are demonstrably necessitated by the fact of
incarceration, all prisoners shall retain the human rights and fundamental freedoms set
out in the Universal Declaration of Human Rights. Where the state concerned is a
party, the International Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and the Optional Protocol thereto,
as well as such other rights as are set out in other United Nations covenants, shall retain
the human rights and fundamental freedoms of all prisoners.
Standard Minimum Rules for the Treatment of Prisoners 10
Rule 57
Imprisonment and other measures, which result in cutting off an offender from the
outside world, are afflictive by the very fact of taking from the person the right of selfdetermination by depriving him/her of his/her liberty. Therefore the prison system shall
not, except as incidental to justifiable segregation or the maintenance of discipline,
aggravate the suffering inherent in such a situation.
4. Right to Life, Liberty, Security
4.(a) Inherent Right to Life
The Universal Declaration of Human Rights 11
Article 3
Everyone has the right to life, liberty and security of person.
International Covenant on Civil and Political Rights 12
Article 6
1. Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his/her life.
Article 9
1. Everyone has the right to liberty and security of person. No one shall be subjected to
arbitrary arrest or detention. No one shall be deprived of his/her liberty except on such
grounds and in accordance with such procedures as are established by law.
Article 11
10
Supra, note 6
11
Supra, note 1
12
Supra, note 2
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No one shall be imprisoned merely on the ground of inability to fulfill a contractual
obligation.
4.(b) Capital Punishment
International Covenant on Civil and Political Rights 13
Article 6
2. In countries that have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes in accordance with the law in force at the time
of the commission of the crime and not contrary to the provisions of the present
Covenant and to the Convention for the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a final judgment rendered
by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that
nothing in this article shall authorise any state party to the present Covenant to derogate
in any way from any obligation assumed under the provision of the Convention on the
Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the
sentence. Amnesty, pardon or commutation of the sentence of death may be granted in
all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below
eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any state party to the present Covenant.
Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty 14
1. In countries that have not abolished the death penalty, capital punishment may be
imposed only for the most serious crimes, it being understood that their scope should
not go beyond intentional crimes with lethal or other extremely grave consequences.
2. Capital punishment may be imposed only for a crime for which the death penalty is
prescribed by law at the time of its commission. It shall be understood that if,
subsequent to the commission of the crime, provision is made by law for the imposition
of a lighter penalty, the offender shall benefit thereby.
13
Supra, note 2
14
Economic and Social Council Resolution 1984150 of 25 May 1984.
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3. Persons below 18 years of age at the time of the commission of the crime shall not be
sentenced to death, nor shall the death sentence be carried out on pregnant women, or
on new mothers, or on persons who have become insane.
4. Capital punishment may only be carried out pursuant to a final judgement rendered
by a competent court after legal process which gives all possible safeguards to ensure a
fair trial, at least equal to those contained in Article 14 of the International Covenant on
Civil and Political Rights, including the right of anyone suspected of or charged with a
crime for which capital punishment may be imposed to adequate legal assistance at all
stages of the proceedings.
5. Capital punishment may only be carried out pursuant to a final judgement rendered
by a competent court after legal process which gives all possible safeguards to ensure a
fair trial, at least equal to those contained in Article 14 of the International Covenant on
Civil and Political rights. Those safeguards shall include the right of anyone suspected of
or charged with a crime for which capital punishment may be imposed, to adequate
legal assistance at all stages of the proceedings.
6. Anyone sentenced to death shall have the right to seek pardon or commutation of
sentence. Pardon or commutation of sentence may be granted in all cases of capital
punishment.
7. Anyone sentenced to death shall have the right to appeal to a court of higher
jurisdiction. Steps should be taken to ensure that such appeals become mandatory.
8. Capital punishment shall not be carried out pending any appeal or other recourse
procedure or other proceeding relating to a pardon or commutation of the sentence.
9. Where capital punishment occurs, it shall be carried out so as to inflict the minimum
possible suffering.
5. Protection Against Torture/Mistreatment
5.(a) Definition
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment 15
Article 1
1. For the purpose of this Declaration, torture means any act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted by or at the instigation of a
public official or other person for such purposes as obtaining from him/her or a third
person information or confession, punishing him/her for an act he/she has committed or
is suspected of having committed, or intimidating him/her or other persons. It does not
15
General Assembly Resolution 3452 (XXX) of 9 December 1975.
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include pain or suffering arising only from, inherent in or incidental to, lawful sanctions to
the extent consistent with the Standard Minimum Rules for the Treatment of Prisoners.
2. Torture constitutes an aggravated and deliberate form of cruel, inhuman or degrading
treatment or punishment.
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment 16
Article 1
1. For the purposes of this Convention, the term “torture” means any act by which
severe pain or suffering, whether physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him/her, or a third person, information or a
confession, punishing him/her for an act he/she or a third person has committed or is
suspected of having committed, or intimidating or coercing him/her or a third person, or
for any reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence of a public official
or other person acting in an official capacity. It does not include pain or suffering arising
only from, inherent in or incidental to lawful sanctions.
2. This article is without prejudice to any international instrument or national legislation
that does or may contain provisions of wider application.
5.(b) Right to Protection Against Torture
Universal Declaration of Human Rights 17
Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
International Covenant on Civil and Political Rights 18
Article 7
No one shall be subjected to torture or to other cruel, inhuman or degrading treatment
or punishment. In particular, no one shall be subjected without his/her free consent to
medical or scientific experimentation.
16
Adopted and opened for signature, ratification and accession by General Assembly Resolution 39146.
17
Supra, note 1
18
Adopted and opened for signature, ratification and accession by General Assembly Resolution 2200 A
(XXI) of 16 December 1966, Entry into Force: 23 March 1976, in accordance with Article 49.
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Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment 19
Article 2
Any act of torture or other cruel, inhuman or degrading treatment or punishment is an
offence to human dignity and shall be condemned as a denial of the purposes of the
Charter of the United Nations and as a violation of the human rights and fundamental
freedoms proclaimed in the Universal Declaration of Human Rights.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 20
Principle 6
No person under any form of detention or imprisonment shall be subjected to torture or
to cruel, inhuman or degrading treatment or punishment, nor any circumstance which
may be invoked as a justification for torture or other cruel, inhuman or degrading
treatment or punishment.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
21
Rule 87
In the performance of their duties, personnel of detention facilities should respect and
protect the human dignity and fundamental human rights of all juveniles, in particular as
follows:
(i) No member of the detention facility or institutional personnel may inflict,
instigate or tolerate any act of torture or any form of harsh, cruel, inhuman or
degrading treatment, punishment, correction or discipline under any pretext or
circumstance whatsoever.
Code of Conduct for Law Enforcement Officials
22
Article 5
No law enforcement official may inflict, instigate or tolerate any act of torture or other
cruel, inhuman or degrading treatment or punishment, nor may any law enforcement
official invoke superior orders or exceptional circumstances such as a state of war or an
emergency as a justification of torture or other cruel, inhuman or degrading treatment or
punishment.
19
Supra, note 8
20
Supra, note 4
21
General Assembly Resolution 451113 of December 1990.
22
Supra, note 5
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Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly
Physicians, in the Protection of Prisoners and Detained Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment 23
Principle 2
It is a gross contravention of medical ethics, as well as an offence under applicable
international instruments, for health personnel, particularly physicians, to engage, actively
or passively, in acts which constitute participation in, complicity in, incitement to or
attempts to commit torture or other cruel, inhuman or degrading treatment or
punishment.
5.(c) Protection Against Using Statements Procured under Torture
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment
Article 12
Any statement which is established to have been made as a result of torture or other
cruel, inhuman or degrading treatment or punishment may not be invoked as evidence
against the person concerned or against any other person in any proceedings.
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment for
Punishment 24
Article 15
Each state party shall ensure that any statement which is established to have been made
as a result of torture shall not be invoked as evidence in any proceedings, except against
a person accused of torture as evidence that the statement was made.
5.(d) State Responsibility
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment 25
Article 3
No state may permit or tolerate torture or other cruel, inhuman or degrading treatment
or punishment. Exceptional circumstances such as a state of war, internal political
23
General Assembly Resolution 371194 of 18 December 1982.
24
Supra, note 9
25
Supra, note 8
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instability or any other public emergency, may not be invoked as a justification of torture
or other cruel, inhuman or degrading treatment or punishment.
Article 4
Each state shall, in accordance with the provisions of this Declaration, take effective
measures to prevent torture and other cruel, inhuman or degrading treatment or
punishment from being practiced within its jurisdiction.
Article 6
Each state shall keep, under systematic review, interrogation methods and practices as
well as arrangements for the custody and treatment of persons deprived of their liberty
in its territory, with a view to preventing any cases of torture or other cruel, inhuman or
degrading treatment or punishment.
Article 7
Each state shall ensure that all acts of torture as defined in Article 1 are offences under
its criminal law. The same shall apply in regard to acts which constitute participation in,
complicity in, incitement to or an attempt to commit torture.
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of
Punishment 26
Article 2
1. Each state party shall take elective legislative, administrative, judicial or other
measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war,
internal political instability or any other public emergency, may be invoked as a
justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a
justification of torture.
Article 3
1. No state party shall expel, return (“refouler”) or extradite a person to another state
where there are substantial grounds for believing that he/she would be in danger of being
subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant considerations including, where applicable,
26
Supra, note 9
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the existence in the state concerned of a consistent pattern of gross, flagrant or mass
violation of human rights.
Article 4
1. Each state party shall ensure that all acts of torture are offences under its criminal
law. The same shall apply to an attempt to commit torture and to act by any person
which constitutes complicity or participation in torture.
2. Each state party shall make these offences punishable by appropriate penalties which
take into account their grave nature.
Article 6
1. Upon being satisfied, after an examination of information available to it, that the
circumstances so warrant, any state party in whose territory a person alleged to have
committed any offence referred to in Article 4 is present, shall take him/her into custody
or take other legal measures to ensure his/her presence. The custody and other legal
measures shall be provided in the law of that state but may be continued only for such
time as is necessary to enable any criminal or extradition proceedings to be instituted.
2. Such state shall immediately make a preliminary inquiry into the facts.
3. Any person in custody pursuant to Paragraph 1 of this Article shall be assisted in
communicating immediately with the nearest appropriate representative of the state of
which he/she is a national, or, if he/she is a stateless person, with the representative of
the state where he/she usually resides.
4. When a state, pursuant to this Article, has taken a person into custody, it shall
immediately notify the states referred to in Article 5, Paragraph 1, of the fact that such
person is in custody and of the circumstances which warrant his/her detention. The
state which makes the preliminary inquiry contemplated in Paragraph 2 of this article
shall promptly report its findings to the said states and shall indicate whether it intends to
exercise jurisdiction.
Article 7
1. The state party in the territory under whose jurisdiction a person alleged to have
committed any offence referred to in Article 4 is found shall, in the cases contemplated
in Article 5 if it does not extradite him/her, submit the case to its competent authorities
for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any
ordinary offence of a serious nature under the law of that state. In the cases referred to
in Article 5, Paragraph 2, the standards of evidence required for prosecution and
conviction shall in no way be less stringent than those which apply in the cases referred
to in Article 5, Paragraph 1.
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3. Any person regarding whom proceedings are brought in connection with any of the
offences referred to in Article 4, shall be guaranteed fair treatment at all stages of the
proceedings.
Article 10
1. Each state party shall ensure that education and information regarding the prohibition
against torture are fully included in the training of law enforcement personnel, civil or
military, medical personnel, public officials and other persons who may be involved in
the custody, interrogation or treatment of any individual subjected to any form of arrest,
detention, or imprisonment.
2. Each state party shall include this prohibition in the rules or instructions issued in
regard to the duties and functions of any such person.
Article 11
Each state party shall keep under systematic review interrogation rules, instructions,
methods and practices as well as arrangements for the custody and treatment of persons
subjected to any form of arrest, detention or imprisonment in any territory under its
jurisdiction, with a view to preventing any cases of torture.
5.(e) Right to Make Complaints
International Covenant on Civil and Political Rights 27
Article 2
3. Each state party to the present Covenant undertakes:
(a) to ensure that any person whose rights or freedoms as herein recognised are
violated shall have an elective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;
(b) to ensure that any person claiming such a remedy shall have his/her right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal system
of the state, and to develop the possibilities of judicial remedy;
(c) to ensure that the competent authorities shall enforce such remedies when
granted.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 28
27
Supra, note 2
28
Supra, note 4
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Principle 33
1. A detained or imprisoned person or his/her counsel shall have the right to make a
request or complaint regarding his/her treatment, particularly torture or other cruel,
inhuman or degrading treatment, to the authorities responsible for the administration of
the place of detention and to higher authorities and, when necessary, to appropriate
authorities vested with reviewing or remedial powers.
2. In those cases where neither the detained or imprisoned person nor his/her counsel
has the possibility to exercise his/her rights under Paragraph 1 of the present Principle, a
member of the family of the detained or imprisoned person or any other person who has
knowledge of the case may exercise such rights.
3. Confidentiality concerning the request or complaint shall be maintained if so
requested by the complainant.
4. Every request or complaint shall be promptly dealt with and replied to without undue
delay. If the request or complaint is rejected or, in case of inordinate delay, the
complainant shall be entitled to bring it before a judicial or other authority. Neither the
detained or imprisoned person nor any complainant under Paragraph 1 of the present
Principle shall suffer prejudice for making a request or complaint.
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment 29
Article 8
Any person who alleges that he/she has been subjected to torture or other cruel,
inhuman or degrading treatment or punishment by or at the instigation of a public official
shall have the right to complain to, and to have his/her case impartially examined by, the
competent authorities of the state concerned.
Article 9
Wherever there is reasonable ground to believe that an act of torture as defined in
Article 1 has been committed, the competent authorities of the state concerned shall
promptly proceed to an impartial investigation even if there has been no formal
complaint.
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment 30
Article 13
29
Supra, note 8
30
Supra, note 9
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Each state party shall ensure that any individual who alleges he/she has been subjected
to torture in any territory under its jurisdiction has the right to complain to, and to have
his/her case promptly and impartially examined by, its competent authorities. Steps shall
be taken to ensure that the complainant and witnesses are protected against all ill
treatment or intimidation as a consequence of his/her complaint or any evidence given.
5.(f) Right to Redress
Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman, or Degrading Treatment or Punishment 31
Article 11
Where it is proved that an act of torture or other cruel, inhuman or degrading treatment
or punishment has been committed by or at the instigation of a public official, the victim
shall be afforded redress and compensation in accordance with national law.
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment 32
Article 14
1. Each state party shall ensure in its legal system that the victim of an act of torture
obtains redress and has an enforceable right to fair and adequate compensation,
including the means for a rehabilitation as complete as possible. In the event of the
death of the victim as a result of an act of torture, his/her dependants shall be entitled to
compensation.
2. Nothing in this article shall affect any right of the victim or other persons to
compensation which may exist under national law.
6. Rights Governing Use of Force, Firearms and Physical Restraint
see IV SECURITY
7. Limitations on Disciplinary Measures
see VI DISCIPLINE
31
Supra, note 8
32
Supra, note 9
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B. RIGHTS BEFORE THE LAW
1. General
The Universal Declaration of Human Rights 33
Article 6
Everyone has the right to recognition everywhere as a person before the law.
Article 7
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
International Covenant on Civil and Political Rights 34
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 26
All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law. In this respect, the law shall prohibit any discrimination and
shall guarantee to all persons equal and effective protection against discrimination on any
ground such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 35
Principle 2
Arrest, detention or imprisonment shall only be carried out strictly in accordance with
the provisions of the law and by competent officials or persons authorised for that
purpose.
Principle 3
There shall be no restriction upon or derogation from any of the human rights of persons
under any form of detention or imprisonment recognised or existing in any state pursuant
33
Supra, note 1
34
Supra, note 2
35
Supra, note 4
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to law, conventions, regulations or custom of the pretext that this Body of Principles
does not recognize such rights or that it recognizes them to a lesser extent.
Principle 4
Any form of detention or imprisonment and all measures affecting the human rights of a
person under any form of detention or imprisonment shall be ordered by, or be subject
to the effective control of, a judicial or other authority.
Principle 9
The authorities who arrest a person, keep him/her under detention or investigate the
case shall exercise only the powers granted to them under the law. The exercise of
these powers shall be subject to recourse to a judicial or other authority.
Principle 36
2. The arrest or detention of such a person pending investigation and trial shall be
carried out only for the purposes of the administration of justice on grounds and under
conditions and procedures specified by law. The imposition of restrictions upon a
person which are not strictly required for the purpose of the detention or to prevent
hindrance to the process of investigation or the administration of justice, or for the
maintenance of security and good order in the place of detention shall be forbidden.
Declaration on the Protection of All Persons from Enforced Disappearance 36
Article 10
1. Any person deprived of liberty shall be held in an officially recognised place of
detention and in conformity with national law and be brought before a judicial authority
promptly after detention.
2. Rights upon Arrest
The Universal Declaration of Human Rights 37
Article 9
No one shall be subjected to arbitrary arrest, detention, or exile.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 38
36
General Assembly Resolution 471I33 of 18 December 1992.
37
Supra, note 1
38
Supra, note 4
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Principle 10
Anyone who is arrested shall be informed at the time of his/her arrest of the reason for
his/her arrest and shall be promptly informed of any charges against him/her.
Principle 12
1. There shall be duly recorded:
(i) The reasons for the arrest
(ii) The time of the arrest and the taking of the arrested person to a place of
custody as well as that of his/her first appearance before a judicial or other
authority
(iii) The identity of the law enforcement officials concerned
(iv) Precise information concerning the place of custody
2. Such records shall be communicated to the detained person, or his/her counsel, if
any, in the forms prescribed by law.
Principle 13
Any person shall, at the moment of arrest and at the commencement of detention or
imprisonment, or promptly thereafter, be provided by the authority responsible for
his/her arrest, detention, or imprisonment, respectively with the information on and an
explanation of his/her rights and how to avail him/herself of such rights.
Principle 14
A person who does not adequately understand or speak the language used by the
authorities responsible for his/her arrest, detention or imprisonment is entitled to receive
promptly in a language which he/she understands the information referred to in Principle
10, Principle 11, Paragraph 2, Principle 12, Paragraph 1, and Principle 13. He/she is
entitled to have the assistance, free of charge, if necessary, of an interpreter in
connection with legal proceedings subsequent to his/her arrest.
3. Interrogation
International Covenant on Civil and Political Rights 39
Article 9
2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for the
arrest and shall be promptly informed of any charges against him/her.
Article 14
39
Supra, note 2
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3. In the determination of any criminal charge against him/her, everyone shall be entitled
to the following minimum guarantees, in full equality:
(a) to be informed promptly and in detail in a language which he/she
understands, of the nature and cause of the charge against him/her.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 40
Principle 21
1. It shall be prohibited to take undue advantage of the situation of a detained or
imprisoned person for the purpose of compelling him/her to confess, to incriminate
him/herself otherwise or to testify against any other person.
2. No detained person while being interrogated, shall be subject to violence, threats or
methods of interrogation which impair his/her capacity of decision or judgment.
Principle 23
1. The duration of any interrogation of a detained or imprisoned person and of the
intervals between interrogations as well as the identity of the officials who conducted the
interrogations and other persons present shall be recorded and certified in such form as
may be prescribed by law.
2. A detained or imprisoned person, or his/her counsel when provided by law, shall
have access to the information described in Paragraph 1 of the present Principle.
4. Right to Contact with the Outside World
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 41
Principle 15
Notwithstanding the exceptions contained in Principle 16, Paragraph 4, and Principle
18, Paragraph 3, communication of the detained or imprisoned person with the outside
world, and in particular his/her family or counsel, shall not be denied for more than a
matter of days.
Principle 16
40
Supra, note 4
41
Supra, note 4
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1. Promptly after arrest and after each transfer from one place of detention or
imprisonment to another, a detained or imprisoned person shall be entitled to notify or
to require the competent authority to notify members of his/her family or other
appropriate persons of his/her choice of wont, detention or imprisonment or of the
transfer and of the place where he/she is kept in custody.
2. If a detained or imprisoned person is a foreigner, he/she shall also be promptly
informed of his/her right to communicate by appropriate means with a consular post or
the diplomatic mission of the state of which he/she is a national, or is otherwise entitled
to receive such communication in accordance with international law or with the
representative of the competent international organisation, if he/she is a refugee or is
otherwise under the protection of an intergovernmental organisation.
3. If a detained or imprisoned person is a juvenile or is incapable of understanding
his/her entitlement, the competent authority shall on its own initiative undertake the
notification referred to in the present Principle. Special attention shall be given to
notifying parents or guardians.
4. Any notification referred to in the present Principle shall be made or permitted to be
made without delay. The competent authority may however delay a notification for a
reasonable period where exceptional needs of the investigation so require.
5. Right to Legal Consultation and Recourse
International Covenant on Civil and Political Rights 42
Article 14
3. In the determination of any criminal charge against the accused, everyone shall be
entitled to the following minimum guarantees, in full equality:
(b) to have adequate time and facilities for the preparation of his/her defence
and to communicate with counsel of his/her own choosing.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 43
Principle 17
1. A detained person shall be entitled to have the assistance of a legal counsel. He/she
shall be informed of his/her right by the competent authority promptly after arrest and
shall be provided with reasonable facilities for exercising it.
42
Supra, note 2
43
Supra, note 4
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2. If a detained person does not have a legal counsel of his/her own choice, he/she shall
be entitled to have a legal counsel assigned to him/her by a judicial or other authority in
all cases where the interests of justice so require and without payment by him/her if
he/she does not have sufficient means to pay.
Principle 18
1. A detained or imprisoned person shall be entitled to communicate and consult with
his/her legal counsel.
2. A detained or imprisoned person shall be allowed adequate time and facilities for
consultation with his/her legal counsel.
3. The right of a detained or imprisoned person to be visited by and to consult and
communicate, without delay or censorship and in full confidentiality, with his/her legal
counsel may not be suspended or restricted save in exceptional circumstances. These
circumstances shall be specified by law or lawful regulations, when it is considered
indispensable by a judicial or other authority in order to maintain security and good
order.
4. Interviews between a detained or imprisoned person and his/her legal counsel may
be within sight, but not within hearing of a law enforcement official.
5. Communications between a detained or imprisoned person and his/her legal counsel
mentioned in the present Principle shall be inadmissible as evidence against the detained
or imprisoned person unless they are connected with a continuance or contemplated.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 44
Principle 32
1. A detained person or his/her counsel shall be entitled at any time to take proceedings
according to domestic law before a judicial or other authority to challenge the lawfulness
of his/her detention in order to obtain his/her release without delay, if it is unlawful.
2. All proceedings referred to in Paragraph 1 of the present Principle shall be simple
and expeditious and at no cost for detained persons without adequate means. The
detaining authority shall produce without unreasonable delay the detained person before
the reviewing authority.
Standard Minimum Rules for the Treatment of Prisoners 45
Rule 93
44
Supra, note
45
Supra, note 6
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For the purposes of his/her defence, an untried prisoner shall be allowed to apply for
free legal aid where such aid is available, and to receive visits from his/her legal adviser
with a view to his/her defence and to prepare and hand to him/her confidential
instructions. For these purposes, he/she shall, if he/she so desires, be supplied with
writing material. Interviews between the prisoner and his/her legal adviser may be
within sight but not within the hearing of a police or institutional official.
6. Right to a Prompt and Fair Trial
The Universal Declaration of Human Rights 46
Article 10
Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his/her rights and obligations and of any
criminal charge against him/her.
Article 11
1. Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he/she has had all the guarantees
necessary for his/her defence.
2. No one shall be held guilty of any penal offence on account of any act or omission
that did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.
International Covenant on Civil and Political Rights 47
Article 9
3. Anyone arrested or detained on a criminal charge shall be brought promptly before a
judge or other officer authorised by law to exercise judicial power, and shall be entitled
to trial within a reasonable time or to release. It shall not be the general rule that
persons awaiting trial shall be detained in custody, but release may be subject to
guarantees to appear for trial, at any other stage of the judicial proceedings, and, should
occasion arise, for execution of the judgment.
4. Anyone who is deprived of his/her liberty by arrest or detention shall be entitled to
take proceedings before a court, in order that court may decide without delay on the
lawfulness of his/her detention and order his/her release if the detention is not lawful.
46
Supra, note 1
47
Supra, note 2
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Article 14
1. All persons shall be equal before the courts and tribunals. In the determination of any
criminal charge against him/her, or of his/her rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent independent and
impartial tribunal established by law. The press and the public may be excluded from all
or part of a trial for reasons of morals, public order or national security in a democratic
society, when the interest of the private lives of the parties so requires, or to the extent
strictly necessary in the opinion of the court in special circumstances where publicity
would prejudice the interests of justice. However, any judgment rendered in a criminal
case or in a suit at law shall be made public except where the interest of juvenile
persons otherwise requires or the proceedings concern matrimonial disputes or the
guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be presumed
innocent until proven guilty according to law.
3. In the determination of any criminal charge against the accused, everyone shall be
entitled to the following minimum guarantees, in full equality:
(c) to be tried without delay;
(d) to be tried in his/her presence and to defend him/herself in person or through
legal assistance of his/her own choosing; to be informed, if he/she does not have
legal assistance, of this right, and to have legal assistance assigned to him/her, in
any case where the interests of justice so requires, and without payment by
him/her in any such case if he/she does not have sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him/her and to obtain
the attendance and examination of witnesses on his/her behalf under the same
conditions as witnesses against him;
(f) to have the free assistance of an interpreter if he/she cannot understand or
speak the language used in court;
(g) not to be compelled to testify against him/herself or to confess guilt.
5. Everyone convicted of a crime shall have the right to his/her conviction and sentence
being reviewed by a higher tribunal according to law.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 48
Principle 11
1. A person shall not be kept in detention without being given an effective opportunity to
be heard promptly by a judicial or other authority. A detained person shall have the
right to defend him/herself or to be assisted by counsel as prescribed by law.
48
Supra, note 4
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2. A detained person and his/her counsel, if any, shall receive prompt and full
communication of any order of detention, together with the reasons therefor.
3. A judicial or other authority shall be empowered to review as appropriate the
continuance of detention.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 49
Principle 36
1. A detained person suspected of or charged with a criminal offence shall be presumed
innocent and shall be treated as such until proved guilty according to law in a public trial
at which he/she has had all the guarantees necessary for his/her defence.
Principle 37
A person detained on a criminal charge shall be brought before a judicial or other
authority provided by law promptly after his/her arrest. Such authority shall decide
without delay upon the lawfulness and necessity of detention. No person may be kept
under detention pending investigation or trial except upon the written order of such an
authority. A detained person shall, when brought before such an authority, have the
right to make a statement on the treatment received by him/her while in custody.
Principle 38
A person held on a criminal charge shall be entitled to trial within a reasonable time or to
release pending trial.
Principle 39
Except in special cases provided for by law, a person detained on a criminal charge
shall be entitled, unless a judicial or other authority decides otherwise in the interest of
the administration of justice, to release pending trial subject to the conditions that may
be imposed in accordance with the law. Such authority shall keep the necessity of
detention under review.
General Clause
Nothing in this Body of Principles shall be construed as restricting or derogating from
any right defined in the International Covenant on Civil and Political Rights.
49
Supra, note 4
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7. Right to Compensation for Unlawful Detention
International Covenant on Civil and Political Rights 50
Article 9
5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.
Article 14
6. When a person has by a final decision been convicted of a criminal offence and when
subsequently his/her conviction has been reversed or he/she has been pardoned on the
ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law, unless it is proven that the nondisclosure of the unknown fact in time is wholly or partly attributable to him/her.
C. RIGHTS DURING TERM OF IMPRISONMENT
1. Duties of Authorities and State Officials
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 51
Principle 7
1. States should prohibit by law any act contrary to the rights and duties contained in
these principles, make any such act subject to appropriate sanctions and conduct
impartial investigations upon complaints.
2. Officials who have reason to believe that a violation of this Body of Principles has
occurred or is about to occur shall report the matter to their superior authorities and,
where necessary, to other appropriate authorities or organs vested with reviewing or
remedial powers.
3. Any other person who has ground to believe that a violation of this Body of
Principles has occurred or is about to occur shall have the right to report the matter to
the superiors of the officials involved as well as to other appropriate authorities or
organs vested with reviewing or remedial powers.
2. Right to Information
50
Supra, note 2
51
Supra, note 4
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Universal Declaration of Human Rights 52
Article 19
Everyone has the right to freedom of opinion and expression. This right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Standard Minimum Rules for the Treatment of Prisoners 53
Rule 35
1. Every prisoner on admission shall be provided with written information about the
regulations governing the treatment of prisoners of his/her category, the disciplinary
requirements of the institution, the authorised methods of seeking information and
making complaints, and all such other matters as are necessary to enable him/her to
understand both his/her rights and obligations and to adapt him/herself to the life of the
institution.
2. If a prisoner is illiterate, the aforesaid information shall be conveyed to him/her orally.
3. Right to Make Complaints
Standard Minimum Rules for the Treatment of Prisoners 54
Rule 36
1. Every prisoner shall have the opportunity each weekday of making requests or
complaints to the prison warden or the officer authorised to represent him/her.
2. It shall be possible to make requests or complaints to the inspector of prisons during
his/her inspection. The prisoner shall have the opportunity to talk to the inspector or to
any other inspecting officer without the prison warden or other members of the staff
being present.
3. Every prisoner shall be allowed to make a request or complaint, without censorship
as to substance but in proper form, to the central prison administration, the judicial
authority or other proper authorities through approved channels.
4. Unless it is evidently frivolous or groundless, every request or complaint shall be
promptly dealt with and replied to without undue delay.
52
Supra, note 1
53
Supra, note 6
54
Supra, note 6
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4. Right to Independent Inspections
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 55
Principle 29
1. In order to supervise the strict observance of relevant laws and regulations, places of
detention shall be visited regularly by qualified and experienced persons appointed by,
and responsible to a competent authority distinct from the authority directly in charge of
the administration of the place of detention or imprisonment.
2. A detained or imprisoned person shall have the right to communicate freely and in full
confidentiality with the persons who visit the places of detention or imprisonment in
accordance with Paragraph 1 of the present Principle, subject to reasonable conditions
to ensure security and good order in such places.
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions 56
Principle 7
Qualified inspectors, including medical personnel, or an equivalent independent
authority, shall conduct inspections in places of custody on a regular basis, and be
empowered to undertake unannounced inspections on their own initiative, with full
guarantees of independence in the exercise of this function. The inspectors shall have
unrestricted access to all persons in such places of custody, as well as to their records.
5. Right to Compensation upon Violation of Rights
The Universal Declaration of Human Rights 57
Article 8
Everyone has the right to an effective remedy by the competent national tribunals for
acts violating the fundamental rights granted him/her by the constitution or by law.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 58
Principle 35
55
Supra, note 4
56
Recommended by Economic and Security Council Resolution 1989/65 of 24 May 1989.
57
Supra, note 1
58
Supra, note 4
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1. Damage incurred because of acts or omissions by a public official contrary to the
rights contained in these principles shall be compensated according to the applicable
rules or liability provided by domestic law.
6. Visitation and Correspondence
International Covenant on Civil and Political Rights 59
Article 17
1. No one shall be subjected to arbitrary or unlawful interference with his/her privacy,
family, home or correspondence, nor to unlawful attacks on his/her honour and
reputation.
Article 19
2. Everyone shall have the right to freedom of expression. This right shall include
freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art, or through any other
media of the prisoner’s choice.
3. The exercise of the rights provided for in Paragraph 2 of this Article carries with it
special duties and responsibilities. It may therefore be subject to certain restrictions, but
these shall only be such as are provided by law and are necessary:
(a) for respect of the rights or reputation of others; and
(b) for the protection of national security or of public order (ordre public), or
of public health or morals.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 60
Principle 19
A detained or imprisoned person shall have the right to be visited by and to correspond
with, in particular, members of his/her family and shall be given adequate opportunity to
communicate with the outside world, subject to reasonable conditions and restrictions
as specified by law or lawful regulations.
Standard Minimum Rules for the Treatment of Prisoners 61
Rule 37
59
Supra, note 2
60
Supra, note 4
61
Supra, note 6
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Prisoners shall be allowed under necessary supervision to communicate with their
families and reputable friends at regular intervals, both by correspondence and by
receiving visits.
Rule 38
1. Prisoners who are foreign nationals shall be allowed reasonable facilities to
communicate with the diplomatic and consular representatives of the state to which they
belong.
2. Prisoners who are nationals of states without diplomatic or consular representation in
the country and refugees or stateless persons shall be allowed similar facilities to
communicate with the diplomatic representative of the state who takes charge of their
interests or any national or international authority whose task it is to protect such
persons.
Rule 39
Prisoners shall be kept informed regularly of the more important items of news by
reading newspapers, periodicals or special institutional publications, by hearing wireless
transmissions, by lectures or by any similar means as authorised or controlled by the
administration.
7. Right to Privacy and Confidentiality
The Universal Declaration of Human Rights 62
Article 12
No one shall be subjected to arbitrary interference with his/her privacy, family, home or
correspondence, nor to attacks upon his/her honour and reputation. Everyone has the
right to the protection of the law against such interference or attacks.
Code of Conduct for Law Enforcement Officials
63
Article 4
Matters of a confidential nature in the possession of law enforcement officials shall be
kept confidential, unless the performance of duty or the needs of justice strictly require
otherwise.
Commentary:
62
Supra, note 1
63
Supra, note 5
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By the nature of their duties, law enforcement officials obtain information
which may relate to private lives or are potentially harmful to the interests,
and especially the reputation of others. Great care should be exercised in
safeguarding and using such information, which should be disclosed only in
the performance of duty or to serve the needs of justice. Any disclosure of
such information for other purposes is wholly improper.
8. Language Rights
Standard Minimum Rules for the Treatment of Prisoners 64
Rule 51
1. The prison warden, his/her deputy, and the majority of the other personnel of the
institution shall be able to speak the language of the greatest number of prisoners, or a
language understood by the greatest number of them.
2. Whenever necessary, the services of an interpreter shall be used.
9. Religious Rights
International Covenant on Civil and Political Rights 65
Article 18
1. Everyone shall have the right to freedom of thought, conscience and religion. This
right shall include freedom to have or adopt a religion or belief of his/her choice, and
freedom, either individually or in community with others and in public or private, and to
manifest religion or belief in worship, observance, practice and aching.
2. No one shall be subject to coercion which would impair the prisoner’s freedom to
have or to adopt a religion or belief of his/her choice.
3. Freedom to manifest one’s religion or beliefs may be subject only to such limitations
as are prescribed by law and are to protect public safety, order, health, or morals, or
the fundamental rights and freedoms of others.
4. The states’ parties to the present Covenant undertake to have respect of the liberty
of parents and, where applicable, legal guardians to ensure the religious and moral
education of their children in conformity with their own convictions.
Article 27
64
Supra, note 6
65
Supra, note 2
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In those states in which ethnic, religious or linguistic minorities exist, persons belonging
to such minorities shall not be denied the right, in community with the other members of
their group, to enjoy their own culture, to profess and practice their own religion, or to
use their own language.
Standard Minimum Rules for the Treatment of Prisoners 66
Rule 6
1. The following rules shall be applied impartially. There shall be no discrimination on
grounds of race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
2. On the other hand, it is necessary to respect the religious beliefs and moral precepts
of the group to which a prisoner belongs.
Rule 41
1. If the institution contains a sufficient number of prisoners of the same religion, a
qualified representative of that religion shall be appointed or approved. If the number of
prisoners justifies it and conditions permit, the arrangement should be on a full-time
basis.
2. A qualified representative appointed or approved under Paragraph 1 shall be allowed
to hold regular services and to pay pastoral visits in private to prisoners of his/her
religion at proper times.
3. Access to a qualified representative of any religion shall not be refused to any
prisoner. On the other hand, if any prisoner should object to a visit of any religious
representative, his/her attitude shall be fully respected.
Rule 42
So far as practicable, every prisoner shall be allowed to satisfy the needs of his/her
religious life by attending the services provided in the institution and having in his/her
possession the books of religious observance and instruction of his/her denomination.
10. Education and Culture
see II CASE MANAGEMENT
11. Recreation
see V HEALTH
12. Accommodation
66
Supra, note 6
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Standard Minimum Rules for the Treatment of Prisoners 67
Rule 9
1. Where sleeping accommodation is in individual cells or rooms, each prisoner shall
occupy by night a cell or room by him/herself. If for special reasons, such as temporary
overcrowding, it becomes necessary for the central prison administration to make an
exception to this rule, it is not desirable to have two prisoners in a cell or room.
2. Where dormitories are used, prisoners carefully selected as being suitable to
associate with one another in those conditions shall occupy them. There shall be regular
supervision by night, in keeping with the nature of the institution.
Rule 10
All accommodation provided for the use of prisoners, and in particular all sleeping
accommodations, shall meet all requirements of health, due regard being paid to climatic
conditions and particularly to cubic content of air, minimum floor space, lighting, heating,
and ventilation.
Rule 11
In all places where prisoners are required to live or work,
(a) the windows shall be large enough to enable the prisoners to read or
work by natural light, and shall be so constructed that they can allow the
entrance of fresh air whether or not there is artificial ventilation; and
(b) artificial light shall be provided sufficient for the prisoner to read or
work without injury to eyesight.
Rule 12
The sanitary installations shall be adequate to enable every prisoner to comply with the
needs of nature when necessary and in a clean and decent manner.
Rule 13
Adequate bathing and shower installations shall be provided so that every prisoner may
be enabled and required to have a bath or shower, at a temperature suitable to the
climate, as frequently as necessary for general hygiene according to season and
geographical region, but at least once a week in temperate climates.
Rule 14
67
Supra, note 6
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All parts of an institution used by prisoners shall be properly maintained and kept
scrupulously clean at all times.
13. Health, Hygiene, Clothing and Nutrition
see V HEALTH
14. Protection Against and Prevention of Enforced Disappearance
Declaration on the Protection of All Persons from Enforced Disappearance 68
Article 1
1. Any act of enforced disappearance is an offence to human dignity. It is condemned
as a denial of the purpose of the Charter of the United Nations and as a grave and
flagrant violation of the human rights and fundamental freedoms proclaimed in the
Universal Declaration of Human Rights and reaffirmed and developed in international
instruments in this field.
2. Any act of enforced disappearance places the persons subjected thereto outside the
protection of the law and inflicts severe suffering on them and their families. It
constitutes a violation of the rules of international law guaranteeing, inter alia, the right to
recognition as a person before the law, the right to liberty and security of the person and
the right not to be subjected to torture and other cruel, inhuman or degrading treatment
or punishment. It also violates or constitutes a grave threat to the right to life.
Article 2
1. No state shall practice, permit or tolerate enforced disappearances.
2. States shall act at the national and regional levels and in cooperation with the United
Nations to contribute by all means to the prevention and eradication of enforced
disappearances.
Article 3
Each state shall take effective legislative, administrative, judicial or other measures to
prevent and terminate acts of enforced disappearance in any territory under its
jurisdiction.
Article 4
1. All acts of enforced disappearance shall be offences under criminal law punishable by
appropriate penalties which shall take into account their extreme seriousness.
68
General Assembly Resolution 471I33 of 18 December 1992.
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Article 6
1. No order or instruction of any public authority, civilian, military or other may be
invoked to justify an enforced disappearance. Any person receiving such an order or
instruction shall have the right and duty not to obey it.
Article 7
No circumstances whatsoever, whether a threat of war, a state of war, internal political
instability or any other public emergency, may be invoked to justify enforced
disappearances.
Article 8
1. No state shall expel, return (“refouler”) or extradite a person to another state where
there are substantial grounds to believe that he/she would be in danger of an enforced
disappearance.
2. For the purpose of determining whether there are such grounds, the competent
authorities shall take into account all relevant considerations including, where applicable,
the existence in the state concerned of a consistent pattern of gross, flagrant or mass
violations of human rights.
Article 9
1. The right to a prompt and effective judicial remedy as a means of determining the
whereabouts or state of health of persons deprived of their liberty and/or identifying the
authority ordering or carrying out the deprivation of liberty, is required to prevent
enforced disappearances under all circumstances, including those referred to in Article 7
above.
Article 10
2. Accurate information on the detention of such persons and their place or places of
detention, including transfers, shall be made promptly available to their family members,
their counsel or to any other persons having a legitimate interest in the information unless
a wish to the contrary has been manifested by the persons concerned.
3. An official up-to-date register of all persons deprived of their liberty shall be
maintained in every place of detention. Additionally, each state shall take steps to
maintain similar centralised registers. The information contained in these registers shall
be made available to the persons mentioned in the preceding paragraph, to any judicial
or other competent and independent national authority and to another competent
authority entitled under the law of the state concerned or any international legal
instrument to which a state concerned is a party, seeking to trace the whereabouts of a
detained person.
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15. Administrative Safeguards Against Enforced Disappearances
Declaration on the Protection of All Persons from Enforced Disappearance 69
Article 12
1. Each state shall establish rules under its national law indicating those officials
authorised to order deprivation of liberty, establishing the conditions under which such
orders may be given, and stipulating penalties for officials who, without legal
justification, refuse to provide information on any detention.
2. Each state shall likewise ensure strict supervision, including a clear chain of
command, of all law enforcement officials responsible for apprehensions, arrests,
detentions, custody, transfers and imprisonment, and of other officials authorised by law
to use force and firearms.
Article 13
1. Each state shall ensure that any person having knowledge or legitimate interest who
alleges that a person has been subjected to enforced disappearance has the right to
complain to a competent and independent state authority and to have that complaint
promptly, thoroughly and impartially investigated by that authority. Whenever there are
reasonable grounds to believe that an enforced disappearance has been committed, the
state shall promptly refer the matter to that authority for such an investigation, even if
there has been no formal complaint. No measure shall be taken to curtail or impede the
investigation.
2. Each state shall ensure that the competent authority shall have the necessary powers
and resources to conduct the investigation effectively, including powers to compel
attendance of witnesses and production of relevant documents and to make immediate
on-site visits.
3. Steps shall be taken to ensure that all involved in the investigation, including the
complainant, counsel, witnesses and those conducting the investigation, are protected
against ill treatment, intimidation or reprisal.
4. The findings of such an investigation shall be made available upon request to all
persons concerned, unless doing so would jeopardize an ongoing criminal investigation.
5. Steps shall be taken to ensure that any ill treatment, intimidation or reprisal, or any
other form of interference on the occasion of the lodging of a complaint or during the
investigation procedure is appropriately punished.
69
Supra, note
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6. An investigation, in accordance with the procedures described above, should be able
to be conducted for as long as the fate of the victim of enforced disappearance remains
unclear.
Article 14
Any person alleged to have perpetrated an act of enforced disappearance in a particular
state shall, when the facts disclosed by an official investigation so warrant, be brought
before the competent civil authorities of that state for the purpose of prosecution and
trial unless he/she has been extradited to another state wishing to exercise jurisdiction in
accordance with the relevant international agreements in force. All states should take
any lawful and appropriate action available to them to bring to justice all persons
presumed responsible for an act of enforced disappearance, who are found to be within
their jurisdiction or under their control.
Article 15
The fact that there are grounds to believe that a person has participated in acts of an
extremely serious nature such as those referred to in Article 4, Paragraph 1 above,
regardless of the motives, shall be taken into account when the competent authorities of
the state decide whether or not to grant asylum.
Article 16
1. Persons alleged to have committed any of the acts referred to in Article 4, Paragraph
1 above, shall be suspended from any official duties during the investigation referred to
in Article 13 above.
2. They shall be tried only by the competent ordinary courts in each state, and not by
any other special tribunal, in particular military courts.
3. No privileges, immunities or special exemptions shall be admitted in such trials,
without prejudice to the provisions contained in the Vienna Convention on Diplomatic
Relations.
4. The persons presumed responsible for such acts shall be guaranteed fair treatment
and other relevant international agreements in force at all stages of the investigation and
eventual prosecution at trial.
Article 17
1. Acts constituting enforced disappearance shall be considered a continuing offence as
long as the perpetrators continue to conceal the fate and the whereabouts of persons
who have disappeared, and these facts remain unclear.
2. When the remedies provided for in Article 2 of the International Covenant on Civil
and Political Rights are no longer effective, the statute of limitations relating to acts of
enforced disappearance shall be suspended until these remedies are re-established.
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3. Statutes of limitations, where they exist, relating to acts of enforced disappearance
shall be substantial and commensurate with the extreme seriousness of the offence.
Article 18
1. Persons who have or are alleged to have committed offences referred to in Article 4,
Paragraph 1, above, shall not benefit from any special amnesty law or similar measures
that might have the effect of exempting them from any criminal proceedings or sanction.
2. In the exercises of the right of pardon, the extreme seriousness of acts of enforced
disappearance shall be taken into account.
Article 19
The victims of acts of enforced disappearance and their families shall obtain redress and
shall have the right to adequate compensation, including the means for a rehabilitation as
complete as possible. In the event of the death of the victim as a result of an act of
enforced disappearance, his/her dependants shall also be entitled to compensation.
16. Protection Against Summary Executions
16.(a) Prevention
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions 70
Principle 1
Governments shall prohibit by law all extra-legal, arbitrary and summary executions and
shall ensure that any such executions are recognised as offences under their criminal
laws, and are punishable by appropriate penalties that take into account the seriousness
of such offences. Exceptional circumstances including a state of war or threat of war,
internal political instability or any other public emergency, may not be invoked as a
justification of such executions. Such executions shall not be carried out under any
circumstances including, but not limited to, situations of internal armed conflict,
excessive or illegal use of force by a public official or other person acting in an official
capacity or by a person acting at the instigation, or with the consent or acquiescence of
such person, and situations in which deaths occur in custody. This prohibition shall
prevail over decrees issued by governmental authority.
Principle 2
In order to prevent extra-legal, arbitrary and summary executions, governments shall
ensure strict control, including a clear chain of command over all officials responsible for
70
Recommended by Economic and Security Council Resolution 1989/65 of 24 May 1989.
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apprehension, arrest, detention, custody and imprisonment, as well as those officials
authorised by law to use force and firearms.
Principle 3
Governments shall prohibit orders from superior officers or public authorities authorising
or inciting other persons to carry out any such extra-legal, arbitrary or summary
executions. All persons shall have the right and the duty to defy such orders. Training
of law enforcement officials shall emphasise the above provisions.
Principle 6
Governments shall ensure that persons deprived of their liberty are held in officially
recognised places of custody, and that accurate information on their custody and
whereabouts, including transfers, is made promptly available to their relatives and
lawyer or other persons of confidence.
Principle 7
Qualified inspectors, including medical personnel, or an equivalent independent
authority, shall conduct inspections in places of custody on a regular basis, and be
empowered to undertake unannounced inspections on their own initiative, with full
guarantees of independence in the exercise of this function. The inspectors shall have
unrestricted access to all persons in such places of custody, as well as to all their
records.
Principle 8
Governments shall make every effort to prevent extra-legal, arbitrary and summary
executions through measures such as diplomatic intercession, improved access of
complainants to intergovernmental and judicial bodies, and public denunciation.
Intergovernmental mechanisms shall be used to investigate reports of any such
executions and to take effective action against such practices. Governments, including
those of countries where extra-legal, arbitrary and summary executions are reasonably
suspected to occur, shall cooperate fully in international investigations on the subject.
16.(b) Investigation
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions 71
Principle 9
There shall be a thorough, prompt and impartial investigation of all suspected cases of
extra-legal, arbitrary and summary executions, including cases where complaints by
71
Supra, note
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relatives or other reliable reports suggest unnatural death in the above circumstances.
Governments shall maintain investigative offices and procedures to undertake such
inquiries. The purpose of the investigation shall be to determine the cause, manner and
time of death, the person responsible, and any pattern or practice which may have
brought about that. It shall include an adequate autopsy, collection and analysis of all
physical and documentary evidence and statements from witnesses. The investigation
shall distinguish between natural death, accidental death, suicide and homicide.
Principle 10
The investigative authority shall have the power to obtain all the information necessary to
the inquiry. Those persons conducting the investigation shall have at their disposal all
the necessary budgetary and technical resources for effective investigation. They shall
also have the authority to oblige officials allegedly involved in any such executions to
appear and testify. The same shall apply to any witness. To this end, they shall be
entitled to issue summonses to witnesses, including the officials allegedly involved, and
to demand the production of evidence.
Principle 11
In cases in which the established investigative procedures are inadequate because of
lack of expertise or impartiality, because of the importance of the matter, or because of
the apparent existence of a pattern of abuse, and in cases where there are complaints
from the family of the victim about these inadequacies or other substantial reasons,
governments shall pursue investigations through an independent commission of inquiry or
similar procedure. Members of such a commission shall be chosen for their recognised
impartiality, competence and independence as individuals. In particular, they shall be
independent of any institution, agency or person that may be the subject of the inquiry.
The commission shall have the authority to obtain all information necessary to the inquiry
and shall conduct the inquiry as provided for under these Principles.
Principle 12
The body of the deceased person shall not be disposed of until a physician, who shall, if
possible, be an expert in forensic pathology, conducts an adequate autopsy. Those
conducting the autopsy shall have the right of access to all investigative data, to the
place where the body was discovered, and to the place where the death is thought to
have occurred. If the body has been buried and it later appears that an investigation is
required, the body shall be promptly and competently exhumed for an autopsy. If
skeletal remains are discovered, they should be carefully exhumed and studied
according to systematic anthropological techniques.
Principle 13
The body of the deceased shall be available to those conducting the autopsy for a
sufficient amount of time to enable a thorough investigation to be carried out. The
autopsy shall, at a minimum, attempt to establish the identity of the deceased, the cause
and manner of death. The time and place of death shall also be determined to the extent
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possible. Detailed colour photographs of the deceased shall be included in the autopsy
report in order to document and support the findings of the investigation. The autopsy
report must describe any and all injuries to the deceased including any evidence of
torture.
Principle 14
In order to ensure objective results, those conducting the autopsy must be able to
function impartially and independently of any potentially implicated persons,
organisations or entities.
Principle 15
Complainants, witnesses, those conducting the investigation, and their families, shall be
protected from violence, threats of violence or any other form of intimidation. Those
potentially implicated in extra-legal, arbitrary or summary executions shall be removed
from any position of control or power, whether direct or indirect over complainants,
witnesses, and their families, as well as over those conducting investigations.
Principle 16
Families of the deceased, and their legal representatives shall be informed of and have
access to any hearing as well as to all information relevant to the investigation. They
shall also be entitled to present other evidence. The family of the deceased shall have
the right to insist that a medical or other qualified representative be present at the
autopsy. When the identity of a deceased person has been determined, a notification of
death shall be posted and the family or relatives of the deceased shall be informed
immediately. The body of the deceased shall be returned to them upon completion of
the investigation.
Principle 17
A written report shall be made within a reasonable period of time on the methods and
findings of such investigations. The report shall be made public immediately and shall
include the scope of the inquiry, procedures and methods used to evaluate evidence,
conclusions and recommendations based on findings of fact and on applicable law, the
evidence upon which such findings were based, and a list of names of witnesses who
testified, with the exception of those whose identities have been withheld for their own
protection. The government shall, within a reasonable period of time, either reply to the
report of the investigation or indicate the steps to be taken in response to it.
16.(c) Legal Proceedings
Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and
Summary Executions 72
72
Supra, note
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Principle 18
Governments shall ensure that persons identified by the investigations as having
participated in extra-legal, arbitrary or summary executions in any territory under their
jurisdiction are brought to justice. Governments shall either bring such persons to
justice or cooperate to extradite such persons to other countries wishing to exercise
jurisdiction. This principle shall apply irrespective of who and where the perpetrators or
their victims are, their nationalities, or where the offence was committed.
Principle 19
Without prejudice to Principle 3 above, an order from a superior officer or a public
authority may not be invoked as a justification for extra-legal, arbitrary or summary
executions. Superiors, officers or other public officials may be held responsible for acts
committed by officials under their authority if they had a reasonable opportunity to
prevent such acts. In no circumstances, including a state of war, siege or other public
emergency, shall blanket immunity from prosecution be granted to any person allegedly
involved in extra-legal, arbitrary or summary executions.
Principle 20
The families and dependants of victims of extra-legal, arbitrary or summary executions
shall be entitled to fair and adequate compensation within a reasonable period of time.
17. Reintegration and Release
Declaration on the Protection of All Persons from Enforced Disappearance 73
Article 11
All persons deprived of liberty must be released in a manner permitting reliable
verification that they have actually been released and, further, have been released in
conditions in which their physical integrity and ability to fully exercise their rights are
assured.
D. SPECIAL GROUP RIGHTS
1. Insane and Mentally Disordered Prisoners
see II CASE MANAGEMENT and V HEALTH
2. Detainees/Unconvicted Prisoners
73
Supra, note 14
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2.(a) General Rights
Standard Minimum Rules for the Treatment of Prisoners
Rule 84
1. Persons arrested or imprisoned by reason of a criminal charge against them, who are
detained either in police custody or in prison custody (jail) but have not yet been tried
and sentenced, will be referred to as “untried prisoners” hereinafter in these rules.
2. Unconvicted prisoners are presumed to be innocent and shall be treated as such.
3. Without prejudice to legal rules for the protection of individual liberty or prescribing
the procedure to be observed in respect of untried prisoners, these prisoners shall
benefit from a special regime which is described in the following rules in its essential
requirements only.
Rule 95
Without prejudice to the provisions of Article 9 of the International Covenant on Civil
and Political Rights, persons arrested or imprisoned without charge shall be accorded
the same protection as that accorded under Part I and Part II, Section C. Relevant
provisions of the benefit of this special group of persons in custody shall exist, provided
that no measures shall be taken implying that re-education or rehabilitation is in any way
appropriate to persons not convicted of any criminal offence.
2.(b) Separation from Convicted Prisoners
International Covenant on Civil and Political Rights 74
Article 10
2.(a) Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons and shall be subject to separate treatment appropriate to their status
as unconvicted persons.
2.(b) Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.
Standard Minimum Rules for the Treatment of Prisoners 76
Rule 85
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Supra, note 2
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Supra, note 6
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1. Untried prisoners shall be kept separate from convicted prisoners.
2. Untried youth prisoners shall be kept separate from adults and shall in principle be
detained in separate institutions.
Rule 86
Untried prisoners shall sleep singly in separate rooms, with the reservation of
different local customs in respect of the climate.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 77
Principle 8
Persons in detention shall be subject to treatment appropriate to their unconvicted
status. Accordingly, they shall, wherever possible, be kept separate from imprisoned
persons.
2.(c) Special Provisions
Standard Minimum Rules for the Treatment of Prisoners 78
Rule 87
Within the limits compatible with the good order of the institution, untried prisoners may,
if they so desire, have their food procured at their own expense from the outside, either
through the administration or through their family and friends. Otherwise, the
administration shall provide their food.
Rule 88
1. An untried prisoner shall be allowed to wear his/her own clothing if it is clean and
suitable.
2. If he/she wears prison dress, it shall be different from that supplied to convicted
prisoners.
Rule 89
An untried prisoner shall always be offered the opportunity to work, but shall not be
required to work. If he/she chooses to work, he/she shall be paid for it.
Rule 90
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Supra, note 4
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An untried prisoner shall be allowed to procure at his/her own expense or at the
expense of a third party such books, newspapers, writing materials and other means of
occupation as are compatible with the interests of the administration of justice and the
security and good order of the institution.
Rule 91
An untried prisoner shall be allowed visits and treatment by his/her own doctor or
dentist if there is reasonable ground for his/her application and he/she is able to pay any
expenses incurred.
Rule 92
An untried prisoner shall be allowed to immediately inform his/her family of his/her
detention. He/she shall be given all reasonable facilities for communicating with his/her
family and friends, and for receiving visits from them, subject only to restrictions and
supervision as are necessary in the interests of the administration of justice and of the
security and good order of the institution.
Rule 93
For the purposes of his/her defence, an untried prisoner shall be allowed to apply for
free legal aid where such aid is available, to receive visits from his/her legal adviser with
a view to his/her defence, and to prepare and hand confidential instructions to the legal
advisor. For these purposes, he/she shall, if he/she so desires, be supplied with writing
material. Interviews between the prisoner and his/her legal adviser may be within sight
but not within the hearing of a police or institutional official.
3. Women’s Rights
Standard Minimum Rules for the Treatment of Prisoners 79
Rule 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
(a) men and women shall so far as possible be detained in separate institutions
or parts of institutions. In an institution which receives both men and women,
the whole of the premises allocated to women shall be entirely separate.
Rule 23
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1. In women’s institutions there shall be special accommodations for all necessary prenatal and post-natal care and treatment. Arrangements shall be made wherever
practicable for children to be born in a hospital outside the institution. If a child is born
in prison, this fact shall not be mentioned in the birth certificate.
2. Where nursing infants are allowed to remain in the institution with their mothers,
provision shall be made for a nursery, staffed by qualified persons, where the infants
shall be placed when they are not in the care of their mothers.
Rule 53
1. In an institution for both men and women, the part of the institution set aside for
women shall be under the authority of a responsible woman officer who shall have the
custody of the keys of that entire section of the institution.
2. No male member of the staff shall enter the part of the institution set aside for women
unless accompanied by a woman officer.
3. Women prisoners shall be attended and supervised only by women officers. This
does not, however, preclude male members of the staff, particularly doctors and
teachers, from carrying out their professional duties in institutions or parts of institutions
set aside for women.
4. Treatment of Foreign Prisoners
The Universal Declaration of Human Rights 80
Article 14
1. Everyone has the right to seek and to enjoy asylum from persecution in other
countries.
2. This right may not be invoked in the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the purposes and principles of the United
Nations.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 81
Principle 16
2. If a detained or imprisoned person is a foreigner, he/she shall also be promptly
informed of his/her right to communicate by appropriate means. This includes a
consular post or the diplomatic mission of the state of which he/she is a national or
80
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Supra, note 4
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which is otherwise entitled to receive such communication in accordance with
international law or with the representative of the competent international organisation, if
he/she is a refugee, or is otherwise under the protection of an intergovernmental
organisation.
Model Agreement on the Transfer of Foreign Prisoners 82
Annex II Recommendations on the treatment of foreign prisoners
1. The allocation of a foreign prisoner to a prison establishment should not be effected
on the grounds of his/her nationality alone.
2. Foreign prisoners should have the same access as national prisoners to education,
work and vocational training.
3. Foreign prisoners should in principle be eligible for measures alternative to
imprisonment, as well as for prison leave and other authorised exits from prison
according to the same principles as nationals.
4. Foreign prisoners should be informed promptly after reception into a prison, in a
language that they understand, the main features of the prison regime, including relevant
rules and regulations.
5. The religious precepts and customs of foreign prisoners should be respected.
6. Foreign prisoners should be informed without delay of their rights to request contacts
with their consular authorities, as well as of any other relevant information regarding their
statuses. If foreign prisoners wish to receive assistance from a diplomatic or consular
authority, the latter should be contacted promptly.
7. Foreign prisoners should be given proper assistance, in a language they can
understand, when dealing with medical or program staff and in such matters as
complaints, special accommodation, special diets and religious representation and
counselling.
8. Foreign prisoner contacts with families and community agencies should be facilitated,
by providing all necessary opportunities for visits and correspondence, with the consent
of the prisoner. Humanitarian international organisations, such as the International
Committee of the Red Cross, should be given the opportunity to assist foreign
prisoners.
9. The conclusion of bilateral and multilateral agreements on the supervision of, and
assistance to, offenders given suspended sentences or granted parole could further
contribute to the solution of the problems faced by foreign officials.
82
The Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders.
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5. Rights of Civil Prisoners
Standard Minimum Rules for the Treatment of Prisoners 83
Article 8
The different categories of prisoners shall be kept in separate institutions or parts of
institutions taking account of their sex, age, criminal record, the legal reason for their
detention and the necessities of their treatment. Thus,
(c) persons imprisoned for debt and other civil offences shall be kept separate
from persons imprisoned by reason of a criminal offence.
Article 94
In countries where the law permits imprisonment for debt, or by order of a court under
any other non-criminal process, persons so imprisoned shall not be subjected to any
greater restriction or severity than is necessary to ensure safe custody and good order.
Their treatment shall not be less favourable than that of untried prisoners, with the
reservation. However, they may possibly be required to work.
International Covenant on Civil and Political Rights 84
Article 11
No one shall be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
6. Rights of Inmate’s Family
6.(a) Rights of Family upon Disappearance/Injury/Death of Inmate
see also C. 21- Rights Protecting Against Summary Executions and for Juveniles see 3.(e)
Notification of Illness, Injury and Death in III INMATE RIGHTS AND TREATMENT OF
PRISONERS
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 85
Principle 34
Whenever the death or disappearance of the detained or imprisoned person occurs
during his/her detention or imprisonment, an inquiry into the cause of death or
disappearance shall be held by a judicial or other authority. This can occur either on its
83
Supra, note 6
84
Supra, note 2
85
Supra, note 4
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own motion or at the insistence of a family member of such a person or any person who
has knowledge of the case. When circumstances so warrant, such an inquiry shall be
held on the same procedural basis whenever the death or disappearance occurs shortly
after the termination of the detention or imprisonment. The findings of such an inquiry or
report thereon shall be made available upon request, unless doing so would jeopardize
an ongoing criminal investigation.
6.(b) Right of Inmate’s Family to Receive Aid
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 86
Principle 31
The appropriate authorities shall endeavour to ensure, according to domestic law,
assistance is granted to dependents and, in particular, minor members of the families of
detained or imprisoned persons. The authorities shall devote a particular measure of
care to the appropriate custody of children left without supervision.
E. JUVENILE JUSTICE
1. General Rights
1.(a) Application of the Standard Minimum Rules for the Treatment of Prisoners
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 87
Rule 27
1. The Standard Minimum Rules for the Treatment of Prisoners and related
recommendations shall be applicable as far as relevant to the treatment of juvenile
offenders in institutions, including those in detention pending adjudication.
2. Efforts shall be made to implement the relevant principles laid down in the Standard
Minimum Rules for the Treatment of Prisoners to the largest possible extent so as to
meet the varying needs of juveniles specific to age, sex and personality.
86
Supra, note 4
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Supra, note 17
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1.(b) Minimal Use of Institutionalisation
Standard Minimum Rules for the Treatment of Prisoners 88
Rule 5
2. The category of young prisoners should include at least all young persons who come
within the jurisdiction of juvenile courts. As a rule, such young persons should not be
sentenced to imprisonment.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 89
Rule 1
The juvenile justice system should uphold the rights and safety and should promote the
physical and mental well being of juveniles. Imprisonment should be used as a last
resort.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 90
Rule 18
2. No juvenile shall be removed from parental supervision, whether partly or entirely,
unless the circumstances of his or her case make this necessary.
Commentary
Rule 18.2 points to the importance of the family, which, according to Article
10, Paragraph 1 of the International Covenant on Economic, Social and
Cultural Rights, is “the natural and fundamental group unit of society”.
Within the family, the parents have not only the right but also the
responsibility to care for and supervise their children. Rule 18.2, therefore,
requires that the separation of children from their parents is a measure of
last resort. It may be resorted to only when the facts of the case clearly
warrant this grave step (for example: child abuse).
Rule 19
1. The placement of a juvenile in an institution shall always be a disposition of last resort
and for the minimum necessary period.
Commentary
88
Supra, note 6
89
Supra, note 11
90
General Assembly Resolution 40133 of 29 November 1985.
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Progressive criminology advocates the use of non-institutional over
institutional treatment. Little or no difference has been found in terms of the
success of institutionalisation compared to non-institutionalisation. The
many adverse influences on an individual that seem unavoidable within any
institutional setting evidently cannot be outbalanced by treatment efforts.
This is especially the case of juveniles, who are vulnerable to negative
influences. Moreover, the negative effects, not only of loss of liberty but
also of separation from the usual social environment, are certainly more
acute for juveniles than for adults because of their early stage of
development.
Rule 19 aims at restricting institutionalisation in two regards: in quantity (“last
resort”) and in time (“minimum necessary period”). Rule 19 reflects one of
the basic guiding principles of Resolution 4 of the Sixth United Nations
Congress: a juvenile offender should not be incarcerated unless there is no
other appropriate response. The Rule, therefore, makes the appeal that if a
juvenile must be institutionalised, the loss of liberty should be restricted to
the least possible degree, with special institutional arrangements for
confinement and bearing in mind the differences in kinds of offenders,
offences and institutions. In fact, priority should be given to “open” over
“closed” institutions. Furthermore, any facility should be of a correctional or
educational rather than of a prison type.
1.(c) Detention Pending Trial
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 91
Rule 13
1. Detention pending trial shall be used only as a measure of last resort and for the
shortest possible period of time.
2. Whenever possible, detention pending trial shall be replaced by alternative measures,
such as close supervision, intensive care or placement with a family or in an educational
setting or home.
3. Juveniles under detention pending trial shall be entitled to all rights and guarantees of
the Standard Minimum Rules for the Treatment of Prisoners adopted by the United
Nations.
4. Juveniles under detention pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
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5. While in custody, juveniles shall receive care, protection and all necessary individual
assistance- social, educational, vocational, psychological, medical and physical, that
they may require in view of their age, sex and personality.
Commentary
The danger to juveniles of ‘criminal contamination’ while in detention
pending trial must not be underestimated. It is therefore important to stress
the need for alternative measures. By doing so, Rule 13.1 encourages the
devising of new and innovative measures to avoid such detentions in the
interest of the juvenile’s well-being.
Juveniles under detention pending trial are entitled to all the rights and
guarantees of the Standard Minimum Rules for the Treatment of Prisoners
as well as the International Covenant on Civil and Political Rights, especially
Article 9 and Article 10, Paragraphs 2.(b) and 3.
Rule 13.4 does not prevent states from taking other measures against the
negative influences of adult offenders which are at least as effective as the
measures mentioned in the rule.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
92
Rule 17
Juveniles who are detained under arrest or awaiting trial (‘untried’) are presumed
innocent and shall be treated as such. Detention before trial shall be avoided to the
extent possible and limited to exceptional circumstances. Therefore, all efforts shall be
made to apply appropriate measures. When preventive detention is nevertheless used,
juvenile courts and investigative bodies shall give the highest priority to the most
expeditious processing of such cases to ensure the shortest possible duration of
detention. Untried detainees should be separated from convicted juveniles.
Rule 18
The conditions under which an untried juvenile is detained should be consistent with the
rules set out below, with specific provisions as are necessary and appropriate, given the
requirements of the presumption of innocence, the duration of the detention and the legal
status and circumstances of the juvenile. These provisions would include but not
necessarily be restricted to the following:
1. Juveniles should have the right of legal counsel and be enabled to
apply for free legal aid, where such aid is available, and to communicate
regularly with their legal advisers. Privacy and confidentiality shall be
ensured for such communications.
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2. Juveniles should be provided, where possible, with opportunities to
pursue work, and remuneration, and continue education or training, but
should not be required to do so. Work, education or training should
not cause the continuation of the detention.
3. Juveniles should receive and retain materials for their leisure and
recreation as are compatible with the interests of the administration of
justice.
1.(d) Right to Equal Treatment/Freedom from Discrimination
International Covenant on Civil and Political Rights 93
Article 24
1. Every child shall have, without any discrimination as to race, colour, sex, language,
religion, nation or social origin, property or birth, the right to such measures of
protection as are required by his/her status as a minor, on the part of his/her family,
society, and the state.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
Rule 4
The rules should be applied impartially, without discrimination of any kind as to race,
colour, sex, age, language, religion, nationality, political or other opinion, cultural beliefs
or practices, property, birth or family status, ethnic or social origin, and disability. The
religious and cultural beliefs, practices and moral concepts of the juvenile should be
respected.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 94
Rule 2
1. The following Standard Minimum Rules shall be applied to juvenile offenders
impartially, without distinction of any kind, for example as to race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth or other
status.
1.(e) Right to Life, Liberty and Security
93
Supra, note 2
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Supra, note 17
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1.(e)(i) General
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
95
Rule 2
Juveniles should only be deprived of their liberty in accordance with the principles and
procedures set forth in these Rules and in the United Nations Standard Minimum Rules
for the Administration of Juvenile Justice (“The Beijing Rules”). Deprivation of a
juvenile’s liberty should be a disposition of last resort, for the minimum necessary period
and should be limited to exceptional cases. The judicial authority, without precluding
the possibility of his or her early release, should determine the length of the sanction.
Rule 11
For the purposes of the Rules, the following definitions should apply:
1. A juvenile is every person under the age of 18. Law should
determine the age below which it should not be permitted to deprive a
child of his or her liberty.
2. The deprivation of liberty means any form of detention or
imprisonment or the placement of a person in a public or private
custodial setting from which this person is not permitted to leave at will,
by order of any judicial, administrative or other public authority.
Rule 12
The deprivation of liberty should be effected in conditions and circumstances that ensure
respect of the human rights of juveniles. Juveniles detained in facilities should be
guaranteed the benefit of meaningful activities and programs which would serve to
promote and sustain their health and self-respect, to foster their sense of responsibility
and encourage those attitudes and skills that will assist them in developing their potential
as members of society.
Rule 13
Juveniles deprived of their liberty shall not for any reason related to their status be
denied the civil, economic, political, social or cultural rights to which they are entitled
under national or international law, and which are compatible with the deprivation of
liberty.
Rule 14
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The competent authority shall ensure the protection of the individual rights of juveniles
with special regard to the legality of the execution of the detention measures. The
objectives of social integration should be secured by regular inspections and other
means of control carried out, according to international standards, national laws and
regulations, by a duly constituted body authorised to visit the juveniles and not belonging
to the detention facility.
1.(e)(ii) Capital Punishment
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 96
Rule 17
2. Capital punishment shall not be imposed for any crime committed by juveniles.
3. Juveniles shall not be subject to capital punishment.
Safeguards Guaranteeing Protection of the Rights of Those Facing the Death Penalty 97
3. Persons below 18 years of age at the time of the commission of the crime shall not be
sentenced to death, nor shall the death sentence be carried out on pregnant women, or
on new mothers, or on persons who have become insane.
1.(f) Limitation of Physical Restraint and the Use of Force
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 98
Rule 63
Recourse to instruments of restraint and to force for any purpose should be prohibited,
except as set forth in Rule 64 below.
Rule 64
Instruments of restraint and force can only be used in exceptional cases when all other
control methods have been exhausted and failed, and only as explicitly authorised and
specified by law and regulation. They should not cause humiliation or degradation, and
should be used restrictively and only for the shortest possible period of time. By order
of the prison warden of the administration, such instruments might be resorted to in
order to prevent the juvenile from inflicting self-injury, injuries to others or serious
destruction of property. In such instances, the prison warden should at once consult
medical and other relevant personnel and report to the higher administrative authority.
96
Supra, note 17
97
Supra, note 7
98
Supra, note 11
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Rule 65
The carrying and use of weapons by personnel should be prohibited in any facility
where juveniles are detained.
1.(g) Guiding Principles in Adjudication and Disposition
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 99
Rule 17
1. The disposition of the competent authority shall be guided by the following principles:
1. The reaction taken shall always be in proportion not only to the
circumstances and the gravity of the offence but also to the
circumstances and the needs of the juvenile as well as to the needs of
the society.
2. Restrictions on the personal liberty of the juvenile shall be imposed
only after careful consideration and shall be limited to the possible
minimum.
3. Deprivation of personal liberty shall not be imposed unless the
juvenile is adjudicated of a serious act involving violence against another
person or of persistence in committing other serious offences and unless
there is no other appropriate response.
4. The well-being of the juvenile shall be the guiding factor in the
consideration of his or her case.
4. The competent authority shall have the power to discontinue the proceedings at any
time.
Rule 20
1. Each case shall, from the outset, be handled expeditiously without any unnecessary
delay.
Commentary
The speedy conduct of formal procedures in juvenile cases is a paramount
concern. Otherwise, whatever good the procedure and the disposition may
achieve is at risk. As time passes, the juvenile will find it increasingly
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Supra, note 17
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difficult, if not impossible, to relate the procedure and disposition to the
offence, both intellectually and psychologically.
International Covenant on Civil and Political Rights 100
Article 10
2.(b) Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.
Article 14
4. In the case of juvenile persons, the procedure shall be such as will take account of
their age and the desirability of promoting their rehabilitation.
1.(h) Admission and Registration
see also I ADMINISTRATION
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
101
Rule 6
The Rules should be made readily available to juvenile justice personnel in their national
languages. Juveniles who are not fluent in the language spoken by the personnel of the
detention facility should have the right to the services of an interpreter free of charge
whenever necessary, in particular during medical examinations and disciplinary
proceedings.
Rule 22
The information on admission, place, transfer and release should be provided without
delay to the parents and guardians or closest relative of the juvenile concerned.
Rule 24
On admission, all juveniles shall be given a copy of the rules governing the detention
facility and a written description of their rights and obligations in a language they can
understand, the address of the authorities competent to receive complaints, and the
address of public or private agencies and organisations which provide legal assistance.
For those juveniles who are illiterate or who cannot understand the language in the
written form, the information should be conveyed in a manner enabling full
comprehension.
Rule 25
100
Supra, note 2
101
Supra, note 11
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All juveniles should be helped to understand the regulations governing the internal
organisation of the facility, the goals and methodology of the care provided, the
disciplinary requirements and procedures, other authorised methods of seeking
information and of making complaints, and all such other matters as are necessary to
enable them to fully understand their rights and obligations during detention.
2. Rights under the Law
2.(a) General
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 102
Rule 7
1. Basic procedural safeguards such as the presumption of innocence, the right to be
notified of the charges, the right to remain silent, the right to counsel, the right to the
presence of a parent or guardian, the right to confront and cross examine witnesses and
the right to appeal to a higher authority, shall be guaranteed at all stages of proceedings.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules) 103
Rule 15
1. Throughout the proceedings, the juvenile shall have the right to be represented by a
legal adviser or to apply for free legal aid where there is provision for such aid in the
country.
2. The parents or guardians shall be entitled to participate in the proceedings and may
be required by the competent authority to attend them in the interest of the juvenile.
They may, however, be denied participation by the competent authority if there are
reasons to assume that such exclusion is necessary in the interest of the juvenile.
Commentary
Rule 15.1 uses terminology similar to that found in Rule 93 of the Standard
Minimum Rules for the Treatment of Prisoners. Whereas legal counsel and
free legal aid are needed to assure the juvenile legal assistance, the right of
the parents or guardian to participate as stated in Rule 15.2 should be
viewed as general psychological and emotional assistance to the juvenile- a
function extending throughout the procedure.
102
Supra, note 17
103
Supra, note 17
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The competent authority’s search for an adequate disposition of the case
may profit, in particular, from the cooperation of the legal representatives of
the juvenile (or, for that matter, some other personal assistant who the
juvenile can and does really trust). Such concern can be thwarted if the
presence of parents or guardians at the hearings plays a negative role; for
instance, if they display a hostile attitude towards the juvenile, the possibility
of their exclusion must be provided for.
3. Rights During Imprisonment
3.(a) Right to Separate Treatment
International Covenant on Civil and Political Rights 104
Article 10
2.(a) Accused persons shall, save in exceptional circumstances, be separated from
convicted persons and shall be subject to separate treatment appropriate to their status
as unconvicted persons.
3. The penitentiary system shall comprise of the treatment of prisoners, with the essential
aim being their social reformation and social rehabilitation. Juvenile offenders shall be
separated from adults and be accorded treatment appropriate to their age and legal
status.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 105
Rule 13
4. Juveniles under detention pending trial shall be kept separate from adults and shall be
detained in a separate institution or in a separate part of an institution also holding adults.
Rule 26
3. Juveniles in institutions shall be kept separate from adults and shall be detained in a
separate institution or in a separate part of an institution which holds adults.
4. Young female offenders placed in an institution deserve special attention for their
personal needs and problems. They shall by no means receive less care, protection,
assistance, treatment and training than young male offenders. Their fair treatment shall
be ensured.
104
Supra, note 2
105
Supra, note 17
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Commentary
The avoidance of negative influences through adult offenders and the
safeguarding of the well-being of juveniles in an institutional setting, as
stipulated in Rule 26.3, are in line with one of the basic guiding principles of
the Rules, as set out by the Sixth Congress in its Resolution 4. The Rule
does not prevent states from taking other measures against the negative
influences of adult offenders, which are at least as effective as the measures
mentioned in the rule. (see also Rule 13.4)
Commentary
Rule 26.4 addresses the fact that female offenders normally receive less
attention than male counterparts as pointed out by the Sixth Congress. In
particular, Resolution 9 of the Sixth Congress calls for the fair treatment of
female offenders at every stage of criminal justice processes and for special
attention to their particular problems and needs while in custody.
Moreover, this rule should also be considered in the light of the Caracas
Declaration of the Sixth Congress, which, inter alia, calls for equal
treatment in criminal justice administration, and against the background of
the Declaration on the Elimination of Discrimination against Women and the
Convention on the Elimination of All Forms of Discrimination Against
Women.
Standard Minimum Rules for the Treatment of Prisoners 106
8.(d) Young prisoners shall be kept separate from adults.
3.(b) Right To Independent Inspections: Inspections of Juvenile Facilities
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 107
Rule 72
Qualified inspectors or an equivalent duly constituted authority not belonging to the
administration of the facility, should be empowered to conduct inspections on a regular
basis, undertake unannounced inspections on their own initiative, and enjoy full
guarantees of independence in the exercise of this function. Inspectors should have
unrestricted access to all persons employed by or working in any facility where juveniles
are or may be deprived of their liberty, to all juveniles and to all records of such
facilities.
Rule 73
106
Supra, note 6
107
Supra note
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Qualified medical officers attached to the inspecting authority or the public health service
should participate in the inspections and evaluating of compliance with the rules
concerning the physical environment, hygiene, accommodation, food, exercise and
medical services, as well as any other aspect or condition of institutional life that affect
the physical and mental health of juveniles. Every juvenile should have the right to talk in
confidence to any inspecting officer.
Rule 74
After completing the inspection, the inspector should be required to submit a report of
the findings. The report should include an evaluation of the compliance of the detention
facilities with the present rules and relevant provisions of the national law, and
recommendations regarding any steps considered necessary to ensure compliance with
them. Any facts discovered by an inspector that appear to indicate that a violation of
legal provisions concerning the rights of juveniles or the operation of a juvenile detention
facility has occurred should be communicated to the competent authorities for
investigation and prosecution.
Rule 75
Every juvenile should have the opportunity to make requests or complaints to the facility
director and to his/her authorised representative.
Rule 76
Every juvenile should have the right to make a request or complaint, without censorship
as to substance, to the central administration, the judicial authority or other proper
authorities through approved channels, and to be informed of the response without
delay.
Rule 77
Efforts should be made to establish an independent office (ombudsman) to receive and
investigate complaints made by juveniles deprived of their liberty and to assist in the
achievement of equitable settlements.
Rule 78
Every juvenile should have the right to request assistance from family members, legal
counsellors, humanitarian groups or others where possible, in order to make a
complaint. Illiterate juveniles should be provided with assistance should they need to
use the services of public or private agencies and organisations that provide legal
counsel or which are competent to receive complaints.
3.(c) Physical Environment and Accommodation
Rule 31
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Juveniles deprived of their liberty have the right to facilities and services that meet all the
requirements of health and human dignity.
Rule 35
The possession of personal effects is a basic element of the right to privacy and essential
to the psychological well-being of the juvenile. The right of every juvenile to possess
personal effects and to have adequate storage facilities for them should be full
recognised and respected. Personal effects that the juvenile does not choose to retain
or that are confiscated should be placed in sole custody. The juvenile thereof should
sign an inventory. Steps should be taken to keep effects in good condition. All such
articles and money should be returned to the juvenile on release, except in so far as he
or she has been authorised to spend money or send such property out of the facility. If
a juvenile receives or is found in possession of any medicine, the medical officer would
decide what use should be made of it.
Rule 36
To the extent possible juveniles should have the right to use their own clothing.
Detention facilities should ensure that each juvenile has personal clothing suitable for the
climate and adequate to ensure good health, and which should in no manner be
degrading or humiliating. Juveniles removed from or leaving a facility for any purpose
should be allowed to wear their own clothing.
3.(d) Education, Vocational Training and Work
see II CASE MANAGEMENT
3.(e) Recreation
see II CASE MANAGEMENT and V HEALTH
3.(f) Religion
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
108
Rule 48
Every juvenile should be allowed to satisfy the needs of his/her religious and spiritual life,
in particular by attending the services or meetings provided in the detention facility or by
conducting his/her own services and having possession of the necessary books or items
of religious observance and instruction of his/her denomination. If a detention facility
contains a sufficient number of juveniles of a given religion, one or more qualified
representatives of that religion should be appointed or approved and allowed to hold
regular services and to pay pastoral visits in private to juveniles at their request. Every
juvenile should have the right to receive visits from a qualified representative of any
108
Supra, note 11
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religion of his/her choice, as well as the right not to participate in religious services and
to freely decline religious education, counselling or indoctrination.
3.(g)Health and Medical Care
see V HEALTH
3.(h) Notification of Imprisonment, Transfer, Illness, Injury and Death
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
109
Rule 56
The family or guardian of a juvenile and any other person designated by the juvenile has
the right to be informed of the state of health of the juvenile on request and in the event
of any important changes in the health of the juvenile. The prison warden should
immediately notify the family or guardian of the juvenile concerned, or other designated
person, in case of death, illness requiring transfer of the juvenile to an outside medical
facility, or a condition requiring clinical care within the detention facility for more than
forty-eight hours. Notification should also be given to the consular authorities of the
state to which the foreign juvenile is a citizen.
Rule 57
Upon the death of a juvenile during the period of deprivation of liberty, the nearest
relative should have the right to inspect the death certificate, see the body and determine
the method of disposal of the body. Upon the death of a juvenile in detention, there
should be an independent inquiry into the cause of death, the report of which should be
made accessible to the nearest relative. This inquiry should also be made when the
death of a juvenile occurs within six months from the date of his or her release from the
detention facility and there is reason to believe that the death is related to the period of
detention.
Rule 58
A juvenile should be informed at the earliest possible time of the death, serious illness or
injury of any immediate family member. He/she should be provided with the
opportunity to attend the funeral of the deceased or go to the bedside of the critically ill
relative.
Standard Minimum Rules for the Treatment of Prisoners 110
Rule 44
109
Supra, note 11
110
Supra, note 6
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1. Upon the death or serious illness of, or serious injury to, a prisoner or his/her removal
to an institution for the treatment of mental affections, the prison warden shall at once
inform the spouse, if the prisoner is married, or the nearest relative and shall in any event
inform any other person designated by the prisoner.
2. A prisoner shall be informed at once of the death or serious illness of any near
relative. In case of the critical illness of a near relative, the prisoner should be
authorised, whenever circumstances allow, to go to his/her bedside either under escort
or alone.
3. Every prisoner shall have the right to immediately inform his/her family of his/her
imprisonment or transfer to another institution.
3.(i) Contacts with the Wider Community
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 111
Rule 26
5. In the interest and well-being of the institutionalised juvenile, the parents or guardians
shall have a right of access.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 112
Rule 59
Every means should be provided to ensure that juveniles have adequate communication
with the outside world. This is an integral part of the right to fair and humane treatment
and is essential to the preparation of juveniles for their return to society. Juveniles
should be allowed to communicate with their families, friends and other persons or
representatives of reputable outside organisations, to leave detention facilities for a visit
to their homes and families and to receive special permission to leave the detention
facility for educational, vocational or other important reasons. Should the juvenile be
serving a sentence, the time spent outside a detention facility should be counted as part
of the period of sentence.
Rule 60
Every juvenile should have the right to receive regular and frequent visits, in principle
once a week and not less than once a month, in circumstances that respect the juvenile’s
need for privacy, contact and unrestricted communication with the family and the
defense counsel.
111
Supra, note 17
112
Supra, note 11
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Rule 61
Every juvenile should have the right to communicate in writing or by telephone at least
twice a week with the person of his or her choice, unless legally restricted, and should
be assisted as necessary in order to effectively enjoy this right. Every juvenile should
have the right to receive correspondence.
Rule 62
Juveniles should have the opportunity to keep themselves informed regularly of the news
by reading newspapers, periodicals and other publications, through access to radio and
television programs and motion pictures, and through the visits of the representatives of
any lawful club or organisation in which the juvenile is interested.
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 113
Principle 16
3. If a detained or imprisoned person is a juvenile or is incapable of understanding
his/her entitlement, the competent authority shall on its own initiative undertake the
notification referred to in the present Principle. Special attention shall be given to
notifying parents or guardians.
3.(j) Inspections and Complaints
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
114
Rule 75
Every juvenile should have the opportunity to make requests or complaints to the prison
warden and to his or her authorised representative.
Rule 76
Every juvenile should have the right to make a request or complaint, without censorship
as to substance, to the central administration, the judicial authority or other proper
authorities through approved channels, and to be informed of the response without
delay.
Rule 77
113
Supra, note 4
114
Supra, note 11
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Efforts should be made to establish an independent office (omsbudsman) to receive and
investigate complaints made by juveniles deprived of their liberty and to assist in the
achievement of equitable settlements.
Rule 78
Every juvenile should have the right to request assistance from a family member, legal
counsellors, humanitarian groups or others where possible, in order to make a
complaint. Illiterate juveniles should be provided with assistance should they need to
use the services of public or private agencies and organisations that provide legal
counsel or which are competent to receive complaints.
3.(k) Privacy
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
115
Rule 19
All reports, including legal records, medical records and records of disciplinary
proceedings, and all other documents relating to the form, content and details of
treatment, should be placed in a confidential individual file. The file should be kept upto-date, accessible only to authorised persons and classified in such a way as to be
easily understood. Where possible, every juvenile should have the right to contest any
fact or opinion contained in his or her file so as to permit rectification of inaccurate,
unfounded or unfair statements. In order to exercise this right, there should be
procedures that allow an appropriate third party to have access to, and to consult the
file on request. Upon release, the records of juveniles shall be sealed, and, at an
appropriate time, expunged.
Rule 87
(e) All personnel should respect the right of the juvenile’s privacy, and, in particular,
should safeguard all confidential matters concerning juveniles or their families learned as
a result of their professional capacity.
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The
Beijing Rules”) 116
Rule 8
1. The juvenile’s right to privacy shall be respected at all stages in order to avoid harm
being caused to him/her by undue publicity or by the process of labelling.
115
Supra, note 11
116
Supra, note 17
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2. In principle, no information that may lead to the identification of a juvenile offender
shall be published.
Commentary
Rule 8 stresses the importance of the protection of the juvenile’s right to
privacy. Young persons are particularly susceptible to stigmatisation.
Criminological research into labelling processes has provided evidence of
the detrimental effects (of different kinds) resulting from the permanent
identification of the young persons as “delinquent” or “criminal”.
Rule 8 stresses the importance of protecting the juvenile from the adverse
effects that may result from the publication in the mass media of information
about the case (for example the names of young offenders, alleged or
convicted). The interest of the individual should be protected and upheld, at
least in principle.
Rule 21
1. Records of juvenile offenders shall be kept strictly confidential and closed to third
parties. Access to such records shall be limited to persons directly concerned with the
disposition of the case at hand or other duly authorised persons.
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PART TWO: PROPOSED PRISON POLICY
A. RIGHTS BEFORE THE LAW
1. Rights upon Arrest
Everyone has the right on arrest or detention
(a) to be informed promptly of the reason;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be
released if the detention is not lawful,
subject only to such reasonable limits prescribed by law as can be demonstrably justified in a
free and democratic society.
There may be circumstances requiring prison officers to inform individuals of their rights on
arrest or detention, as follows:
(i) The arrest, following pursuit, and return to custody of inmates who have
escaped from a prison or escort
(ii) The arrest and return to custody of inmates on temporary absence who have
breached one or more conditions
(iii) The arrest of persons who are not inmates (e.g. visitors), who are believed to be
committing a criminal offence in a prison, or are aiding the escape of
an inmate from a prison or escort
Upon the arrest of an inmate or other person in the above, or similar, circumstances, the prison
officer shall inform the inmate or other person of:
(a) the reason for the arrest (for example “I am arresting you for escaping lawful
custody”), and
(b) the right to retain and instruct counsel without delay.
Correctional officers shall be issued cards indicating standard wording for the rights that must be
read to the inmate or other person upon arrest.
2. Interrogation
Correctional officers in their capacity as peace officers, are “persons in authority” the purpose
of determining whether a statement is obtained “voluntarily” from the accused, and is admissible
as evidence.
Where an inmate “volunteers” or discloses information concerning involvement in a criminal
offence, the correctional officer should read the official “warning” to the inmate at the earliest
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stage of the conversation. The officer during or immediately following the conversation should
record personal notes of the contents of the conversation.
3. Right to Legal Counsel
Correctional officers shall ensure that the inmate, or other person arrested, is given opportunity
to contact a lawyer at the earliest practical opportunity after the arrest, should the inmate or
other person wish to exercise that right.
Where persons other than the inmates are arrested, the police shall be notified immediately.
Each prison warden shall ensure that a list of the names and phone numbers of legal aid duty
lawyers is available to assist staff in complying with requests by arrested persons to contact duty
counsel.
The prison warden shall support efforts by inmates to gain access to courts for any reasonable
purpose.
Discussion:
The prison service has an obligation to ensure that all inmates are provided
with access to court to plead any issue. Issues include a challenge of the
legality of their confinement or conviction, an application seeking redress of
illegal conditions of treatment while under correctional control, or the pursuit
of remedies in connection with civil legal problems.
All prisons shall establish, maintain, and/or grant inmate access to a basic legal library.
Inmates shall have the right to consult with legal counsel in private during reasonable hours.
4. Appeal Procedures
4.(a) Filing of Appeal
An inmate convicted of either an indictable or summary offence may appeal his/her conviction
and/or sentence within thirty days.
Forms requiring submittal to the court of appeal should be made available to offenders in the
correctional records office.
4.(b) Appeal Information
The prison warden shall ensure that, upon admission, every sentenced inmate receives a copy of
the form regarding appeal information. This form should be signed by the inmate and witnessed
by an officer at the prison.
4.(c) Notification of Results of an Appeal
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When an appeal is heard, it can sometimes take several weeks to receive the appeal court
order. To inform the prison of the results of the appeal, the court of appeal will issue a letter to
the concerned prison after the case has been heard, noting the results of the appeal. This letter
is for information purposes only and cannot be used as the formal document to recalculate
sentences and/or receive or release inmates. The actual court order is required for these
purposes.
B. RIGHTS DURING TERM OF IMPRISONMENT
1. Visits
1.(a) General Comments
Visits provide an opportunity for inmates to maintain contact with family and friends. Private
family visits provide a further mechanism for inmates to maintain and strengthen family
relationships particularly between incarcerated parents and their children.
1.(b) Types of Visitors
There are three different categories of visitors.
1. Professional (e.g. lawyers, doctors, chaplains, police officers, probation and
parole officers, etc.)
Visits made to an inmate by this category of visitor are usually on a one-to-one
basis and require privacy of communication.
These visitors may visit an inmate at any reasonable time and inmates are not
limited as to the number of these visits they may receive during their stay in
custody.
2. Program (e.g. volunteers, private agencies, community groups, etc.)
Subject to approval of the prison warden or delegate, visits made by these visitors are
usually for the purposes of providing an activity, program, or service to a number of
inmates.
The setting for, and supervision of, these visits is usually determined by the type of
activity, program or service involved and by the type of inmate participating in the
activity, program, or service.
3. Family, Friends, Relatives
These visitors usually visit one inmate at a time during the visiting hours set by the prison
for this purpose. An inmate is entitled to a minimum of two hours of these visits per
week.
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1.(c) Visit Settings
The setting for visits is determined mostly by the prison’s physical plant, availability of staff
supervision, and by the type of inmate and visitor involved in the visit. In all settings, inmates
and visitors shall be expected to behave in a manner acceptable in a public place.
Generally there are four types of visit settings.
1. Official
These settings are used in the case of professional visits which require privacy
because of the confidentiality of the information to be discussed during the visit.
2. Closed
In these settings there is a barrier (e.g. a glass partition) between the inmate and
visitor which prohibits physical contact, but does not impair vision or oral
communication.
3. Open
In these settings there is no barrier between the inmate and the visitor and hence
allows for physical contact.
4. Private Family Visits
In these settings, inmates are permitted access to a self-contained area (i.e. cottage,
trailer, apartment, etc.) that permits overnight visits involving family members.
1.(d) Hours of Operation
Visiting hours shall be as follows:
Monday to Friday, 1830-2130 hours
Weekends and Statutory Holidays EXCEPT Christmas Day: 1000-1500 hours
1.(e) Visiting Process
1.(e)(i) Coordinator Responsibilities
The coordinator shall be responsible for:
(i) Scheduling visits
(ii) Explaining the rules and regulations to inmates
(iii) Handling all paperwork associated with the visit
(iv) Arranging a cleaning schedule for the unit
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1.(e)(ii) Visit Requests
Visit requests by inmates and visitors shall be made for each visit in the manner prescribed by
the prison warden.
Only the inmate shall initiate requests for private family visits.
1.(e)(iii) Screening
Upon receipt, all visit requests may be screened to determine whether or not the visit should be
granted and to determine under what conditions (i.e. time, setting, and supervision) the visit
should occur.
Processing visit requests shall not be delayed beyond the reasonable time to come to a decision
on the request.
If the request is granted, the visit(s) shall commence without undue delay.
For the purposes of private family visits, all applicant visitors shall be subject to a community
assessment check. The community assessment shall address, in addition to general suitability,
any medication or special dietary needs of the visitor.
The prison warden shall establish a decision-making process with respect to applications for
private family visits, which may include the use of a review panel. Private family visits will be
scheduled according to facility availability in accordance with the established policy for
frequency of such visits.
1.(e)(iv) Visit Restrictions
Restrictions on visiting shall not be imposed arbitrarily, nor without “good cause”. Reasons
constituting “good cause” for denying, terminating, restricting, or revoking visits include any of
the following:
1. Where, on reasonable and probable grounds it is believed that:
(a) the safety of the inmates(s) and/or the visitor(s) and/or security of the prison would
be, or is jeopardized by the visit, and/or
(b) the visit would impede carrying out the court’s order of custody with regard to one
or more of the inmates accommodated in the prison, and the ways and means available
within the prison to control the time, setting and supervision of the visit would not reduce
the risk posed by the visit to a tolerable level.
2. Where as a result of an infraction that is found to have occurred as a direct result of a visit,
the disciplinary panel imposes as a disposition the temporary or permanent loss of visiting
privileges.
3. Where the visitor is under the age of eighteen and
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(a) is not in the company of a parent or guardian, or
(b) does not have written consent of a parent or guardian to visit.
4. Where the visitor is apparently under the influence of drugs or alcohol.
5. Where the inmate does not wish to see the visitor.
6. In the case of private family visits, visitors shall be limited to the inmate’s legally married
spouse, established common-law partner, children, siblings, grandparents, in-laws or other
persons authorised by the prison warden.
1.(f) Private Family Visits
1.(f)(i) Private Family Visits- Process
Inmates applying for a private family visit shall use the prescribed private family visit application
form.
An institutional report addressing the inmate’s behavior and appropriateness for a private family
visit shall be prepared by the case manager.
The completed application, along with the institutional report and the signed visitor form, shall be
forwarded to the prison warden or designate for decision.
The inmate shall be notified of the decision in writing.
Each centre having a private family visit unit shall establish local policy and procedures that
address all issues related to private family visits, including:
(i) Numbers of visitors
(ii) Frequency of availability of the private family visit unit
(iii) Duration of the visits
(iv) Local specific concerns- i.e. smoking etc.
(v) Local rules- i.e. grounds access etc.
(vi) Food services issues- i.e. cooking arrangements, provisions of staples etc.
(vii) Per diem costs if applicable
(viii) Medications - visitors, inmates
(ix) Counts
(x) Inmate-staff communication system
(xi) Emergency procedures
(xii) Cleaning and servicing of P.F.V. unit
(xiii) Security issues- frisking of visitors and inmates
(xiv) Rules and regulations
1.(f)(ii) Private Family Visits- Criteria
An inmate applying for a private family visit shall meet the following criteria:
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(i) Has served a minimum of six months, in their current period of incarceration
(ii) Has established a positive record of work performance and/or program
participation during his/her current period of incarceration
(iii) Has not been found guilty of any disciplinary infraction for a minimum period of
three months immediately prior to the application
(iv) Does not meet, or appear to meet, the criteria for an unescorted temporary
absence
(v) Granting the private family visit would not be in violation of any existing court
order
(vi) Has not been granted a private family visit in the past eight weeks
1.(f)(iii) Frequency and Duration of Visits
If space is available in the private family visiting unit, each inmate eligible for the program will be
allowed the following:
(i) A maximum of seventy-two hours every two months
(ii) The minimum duration of each visit will be twenty-four hours
No back to back visits will be allowed.
1.(f)(iv) Number of Participants Allowed
The maximum number of participants, including the inmate, will be three adults and four children.
1.(f)(v) Cancellation of Visit
If the inmate has to cancel the visit, he/she will be placed back on the waiting list and the
cancelled visit will be offered to the next applicant on the list.
1.(f)(vi) Private Family Visits- Allowable Items
Visitors attending a prison for the purpose of participating in a private family visit shall be
permitted to bring:
1. Personal hygiene items including contraceptives.
2. Prescription medicines- provided that there is on file a physician’s letter confirming
the medication, the original container is used and that the visitor’s name and the dosage
are specified on the label. Only the amount required to cover the time of the visit will be
permitted.
3. Where children are included, the necessary care items to meet the child’s needs,
including appropriate food supplies.
4. All necessary food supplies to cover the duration of the visit. In prisons where the
food and/or staples are provided, a per diem rate shall be established and applied as
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necessary. To reduce the possibility of contraband being brought in, all food products
shall be brought in unopened in the original sealed containers.
5. Any other items as authorised by the prison warden.
1.(f)(vii) Private Family Visits- Regulations
Visitors shall be responsible for arriving at the scheduled visit time.
The officer in charge of the prison may authorise changes in arrival times, departure times and
duration of participation by visitors as each situation may warrant.
Inmates shall be responsible for food expenses incurred during the visit. If the visitors wish to
pay for their food for the visit, money to pay for this shall be deposited into the inmates savings
account at least twenty days in advance of the visit.
The inmate shall then submit a transfer of funds to have this money transferred to his/her current
account in order to pay for the visit.
Inmates and their visitors must remain in the private family visiting area for the duration of the
visit, unless they have authority from staff to leave the private family visiting unit for a specific
reason.
Supervision of children shall be the responsibility of the inmate and his/her visitors at all times
during the visit.
Inmates shall be responsible for any damage that occurs in the private family visits unit.
Failure to leave the private family visit unit in a neat and clean condition may result in the
suspension of private family visits.
Staff will visit the private family visits unit twice each day, once in conjunction with the noon
count and once during the evening shift, to ensure the security and safety of all its occupants.
In the case of any disturbance in the private family visiting unit area, the visit may be terminated
at the discretion of the officer in charge of the prison/shift.
Alcohol is not allowed under any condition.
In the case of fire, participants in the private family visit unit will follow procedures posted in that
unit.
Once evacuated from the unit they shall proceed to the outside of the prison.
1.(g) Visitor Identification/Admission
All visitors shall be required to provide proof of identity before being admitted to the prison.
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A visitor’s registry shall be kept in all centres and shall record the name, address, identity and
the relationship to the inmate of every visitor, along with the nature, date and duration of the
visit.
Any visitor who refuses to comply with these requirements shall be denied entry to the prison.
Inmate visitors will report to the main gate and sign in prior to proceeding into the prison. The
main gate staff will check to ensure that the visitor is not under the influence of alcohol, etc., and
then advise the visits staff of the visitor. The visitor will then proceed to report to the visits staff.
The visitor must sign out through the main gate.
1.(h) Sign
The prison warden must ensure that all visitors entering the centre are aware of the director’s
authority to regulate visits. Accordingly, the prison warden shall ensure a sign is posted in a
place clearly visible to all visitors entering the centre.
1.(i) Notice to Visitors
The prison warden is authorised to terminate a visit and/or suspend further visits by any person:
(a) who brings or assists in bringing contraband to or from the prison, or
(b) whose conduct causes concern for the safety of inmates or the security of the prison.
1.(j) Minor or Major Threat
A threat by an inmate or visitor to the security of the centre will be in the category of:
1. A minor or lesser threat- (e.g. the visitor indulges in vulgarity or profanity or is
quarrelsome)
2. A major or serious threat- (e.g. the visitor is in possession of contraband that
constitutes the commission of an offence)
1.(k) Suspension
1.(k)(i) General
The prison warden, according to the judgement of the threat as minor or major:
1. May impose in the case of a minor threat, if a verbal warning has been ineffective, one of the
following:
(i) Arising out of a regular visit:
(a) on the first incident, up to fifteen days suspension of visits; and
(b) on subsequent incidents, up to thirty days suspension of visits.
(ii) Arising out of a private family visit:
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(a) on the first incident, suspension of the next eligible private family visiting
opportunity; and
(b) on subsequent incidents, suspension of up to three of the next eligible private
family visit opportunities.
2. May impose in the case of a major threat, except in the case of an incident arising from a
private family visit, one of the following:
(i) On the first incident a minimum sixty-day suspension of visits
(ii) On subsequent incidents, up to one year suspension of visits
3. May impose, in the case of a major threat resulting from a private family visit:
(i) On the first incident, a suspension of private family visits for a period of up to
one year
(ii) On a second incident, a suspension of private family visits for a period of up to
two years
(iii) On any subsequent incident, and indefinite suspension of private family visits
It should be noted that suspensions of private family visits apply with respect to the visitor
involved, i.e. suspension of visits with the spouse does not preclude visits with parents, children,
etc.
In addition to any suspension of private family visits, the prison warden may impose any
additional suspension of regular visits pursuant to 1 and 2 above.
The prison warden, in exercising this discretion, should be guided by such factors as the nature
of the evidence, the operational needs of the prison, and the past conduct or cooperation of the
visitor.
The reasons for this decision should be conveyed clearly to the visitor, and it is important that
the prison warden keep a written record of the evidence and the factors upon which the
decision is based. Reference to this information may be necessary in the event that the decision
is appealed.
1.(k)(ii) Suspension Beyond One Year
In the event that the prison warden determines that it is both appropriate and necessary to
suspend beyond one year the visiting privileges of any person, the approval of the district or
regional is required prior to imposing such a suspension.
1.(k)(iii) Written Notification
Upon reaching the decision to terminate a visit or to suspend a person’s visiting privileges for
any period, the prison warden shall:
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(a) communicate the decision and the justification for it, in writing, to the visitor and to
the inmate concerned (and, by copy), to the commissioner or person at the next appropriate
level, and
(b) inform the visitor and inmate of the existence of the procedure (as outlined below)
for appealing a decision to suspend a person’s visiting privileges.
1.(k)(iv) Appeal
Persons wishing to appeal a decision to suspend visiting privileges may do so either by:
(a) requesting the prison warden to reconsider the decision, in which case the prison
warden shall respond in writing within ten working days; or
(b) contacting the prison warden (or person at the next appropriate level) to review the
decision and respond in writing within ten working days.
1.(l) Searches of Visitors
see IV SECURITY
1.(m) Visiting Area
Every prison shall identify an open, indoor visiting area sufficient to accommodate 25% of the
inmates at any one time, plus two visitors per inmate.
Discussion:
In open visits, privacy of conversation should be a primary consideration in
identifying a visiting area. The provision of sufficient space and minimal
interruption or intrusion on orderly social interaction should be the
objectives of supervisors on these occasions.
Secure custody centres shall incorporate an indoor visiting area that provides for both secure
and open visiting. The open visiting area shall be capable of accommodating a minimum of 10%
of the inmate population plus two visitors per inmate simultaneously.
2.Correspondence
2.(a) Definition
Correspondence means written letters, business/legal letters.
2.(b) Categories
There shall be two categories of correspondence:
1. General correspondence
2. Confidential correspondence
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General correspondence is that which is personal in nature and shall be opened to search for
contraband (incoming and outgoing).
Mail that is not defined as “privileged”, correspondence to and from inmates shall only be
subject to search and examination where, in the opinion of the prison warden, the contents of
that mail could potentially affect the management, good order and discipline of the prison.
Privileged/confidential correspondence is that which is legal or otherwise privileged (i.e. member
of parliament) and if clearly identified, shall be delivered unopened.
Inmates shall be entitled to unlimited incoming and outgoing correspondence.
Discussion:
Mail is subject to search for money, drugs and/or other contraband. Nonprivileged correspondence is subject to examination for the protection of the
inmates (problems at home, for instance) and the maintenance of the
security of the prison.
2.(c) Copying
Confidential correspondence shall not be copied in any form if such action would likely result in
general distribution.
2.(d) Reading and Viewing Material
Inmates are permitted to receive books or periodicals sent directly from the publisher.
It is the responsibility of prison warden to ensure that reading and viewing material made
available to inmates does not contain subject matter considered likely to encourage harmful or
criminal behaviour.
Reading and viewing material made available to inmates shall not contain subject matter that:
(a) has been declared obscene by the courts, or
(b) is concerned with:
(i) Explicitly depicted or described sexual acts where the content of the reading
or viewing material is entirely or primarily concerned with sex
(ii) Bestiality
(iii) Necrophilia
(iv) Sexual acts coupled with violence (e.g. rape, stabbing, burning, beating,
gagging, binding, torture, dismemberment, mutilation, or death)
(v) Sexual acts coupled with excretory functions
(vi) Sexual acts involving children (e.g. pedophilia and incest)
(vii) Other, non-sexual themes of explicitly depicted violence, where the
contents of the reading or viewing material is entirely or primarily concerned
with violence
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(viii) Information pertaining to the construction of weapons and methods of
escape which represents inherent danger to the security of the prison
3. Religious Rights
3.(a) General
Notwithstanding the varying degrees of custody, security and supervision, the prison service
strives to treat all inmates with respect and dignity. While it is not expected that an inmate
should be afforded any preferential treatment on the basis of race, religion or ethnic
background, it is expected that the prison’s service will, subject only to precautions necessary
for the maintenance of safety and security, demonstrate respect for the unique values, beliefs
and customs of inmates.
In making assessments regarding an offender’s suitability to participate in any program of
confinement or conditional release, the decision-making person or group shall not impose, as a
condition of confinement and/or conditional release, adherence to the active practice of any
religion.
Discussion:
The intent of the standard is to see that the practice of, or the adherence to,
any beliefs or religion by the person receiving ‘service’ from the prison’s
service is a product of a freely-made decision rather than a coerced
decision.
Correctional staff, in the course of accompanying any offender at a service of worship or being
present when an offender is receiving counsel, shall respect the sensitivity of the offender’s
religion or beliefs.
A person receiving any service shall have the right to follow any practice or observation
prescribed by his/her religion or beliefs at such times as required by his/her religion or beliefs:
(a) if the religion or belief meets the criteria provided for recognition and established
through standards;
(b) if the religion or belief does not violate the good order and security of the institution;
and
(c) if the observation of the standard does not violate the spirit or intent of any court
order.
5. An incarcerated person has the right, at his/her initiative, to receive any religious publication
produced by any organisation meeting the criteria provided for recognition and published
through these standards.
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Discussion:
The retention of this material in a person’s “living space” will be in keeping
with the prison’s regulations. Such regulations will vary with the physical
plant, level of security and safety considerations.
6. The following criteria should not be considered as indicative of a lack of religious support for
the practice in question:
(i) The belief is held by a small number of individuals
(ii) The belief is of recent origin
(iii) The belief is not based on the concept of a supreme being or the equivalent
(iv) The belief is unpopular or controversial
3.(b) Religious Objects
An incarcerated person has the right to possess and wear religious medals, symbol or articles
representative of religions meeting the criteria as outlined for recognition and established through
standards, unless these medals, symbols or articles constitute, in the opinion of the prison
warden, a threat to the safety, security or good order of the institution.
The prison warden may permit the introduction and use of religious objects for ceremonial
purposes, where it is clearly established that such objects do not present a security threat.
Generally accepted objects used in such ceremonies include:
(i) Ceremonial herbs
(ii) Ceremonial pipes (only used by recognised pipe carriers)
(iii) Ceremonial blankets
(iv) Feathers
(v) Sea shells
(vi) Medicine bags
3.(b)(i) Headdress
A prison warden shall permit an inmate to wear a headdress particular to a race, creed or faith
unless:
(a) for specific reason, the inmate is believed to be violent or suicidal and the
headdress would present a danger to the inmate or others; or,
(b) the wearing of the headdress will jeopardize the safety of the inmate (e.g. if the
inmate is either to enter a hazardous work area or to work with tools or
motorized equipment where the wearing of a hard-hat is required.
The prison warden may permit an inmate an alternative head covering when a headdress is not
permitted to be worn.
A headdress, when not in use, should be stored with the personal effects of the inmate for
safekeeping. Prison staff should be particularly careful to handle belongings of this sensitive
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nature with due respect and consideration and should allow the inmate to place the headdress in
the personal effects container.
3.(b)(ii) Ceremonial Accouterments
In order to prevent possible injury to others, the wearing of a ceremonial accouterment that is a
potentially harmful instrument is prohibited.
3.(c) Diet
Where an inmate indicates a requirement for a special diet in order to observe the dietary laws
and practices established by the inmate’s religion, the prison warden shall, to the extent
reasonable or practicable, ensure that such a diet is accommodated.
An incarcerated person has the right to observe dietary laws and practices established by
his/her religion, if the religion meets the criteria provided for recognition and established through
standards.
Discussion:
Recognised religious dietary practices should be accommodated where
practiced. Religious diets should be in accordance with the general provisioning
of the inmate population.
3.(d) Provision of Worship Space
Each prison shall identify and equip a space appropriate to, and sufficient for, the conduct of
services or worship, observation or meditation by adherents of all religions, faiths or beliefs.
4. Medical Rights
4.(a) Protection Against Harmful Medical Procedures
4.(a)(i) General
All examinations, treatments and procedures affected by informed consent standards in the
community are likewise to be observed for inmate care. In the case of minors, the informed
consent of a parent, guardian or legal custodian applies where required by law.
4.(b) Substance Testing
4.(b)(i) Voluntary
Any substance testing will be done on a voluntary basis. Inmates accepting a temporary absence
with a condition to submit to such a test upon request, are considered to have given their
consent upon signing the temporary absence permit.
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4.(b)(ii) Refusal
Where pre-consent has been obtained from the inmate (i.e. temporary absence or parole
condition or program participation agreement), refusal to provide a sample for analysis may be a
violation of the release or program conditions and thus resulting in grounds for revocation or
removal.
Where no pre-consent has been obtained and an inmate refuses to submit to a request to
provide a sample for analysis, the refusal, in and of itself, is not grounds for disciplinary action.
4.(c) Private Clinicians Visiting Inmates
An inmate in a prison may be visited and interviewed by a private medical, psychiatric, or
psychological clinician who is not on staff or otherwise retained by the prison’s service.
4.(d) Inmate Fasting
4.(d)(i) Definition
A “fast” is defined as a complete and voluntary abstinence from nourishment, by an inmate
acting on the basis of unimpaired and rational judgment concerning the consequences of such
action.
4.(d)(ii) Right to Fast
Everyone is guaranteed “the right to life, liberty and security of the person and the right not to be
deprived thereof except in accordance with the principles of fundamental justice. Furthermore,
everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
These rights are subject only to such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society.”
One cannot treat a person against his/her will, other than under court order and the requirement
of consent is an over-riding consideration.
One cannot feed against the will of a person, but as a precautionary measure, the most that can
be done is to place food and water available to the person and ensure the person is made aware
of the consequences of his/her action.
Even though prison staff are charged with providing necessities of life and the safekeeping of
inmates within the prison, inmates do have the right to fast, even to the point of their own death.
Where the inmate is:
(a) of the age at which a person may consent to his/her own medical treatment,
(b) mentally competent, and
(c) conscious,
staff shall not interfere with an inmate’s exercise of the right to fast.
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4.(e) Personal Hygiene
Inmates shall be permitted freedom in personal grooming insofar as their appearance and
hygiene do not conflict with institutional requirements or other government regulations pertaining
to safety and sanitation.
Hot and cold water shall be made available for the purposes of personal hygiene, including
baths and/or showers, on a daily basis.
5. Accommodation
5.(a) General
Each inmate shall be provided with a personal living area that maximizes personal privacy
without compromising the safety and security of the institution.
Discussion:
The right to personal privacy is perhaps the most compromised ‘freedom’ in
a prison. Even within the current limits imposed by physical plant, attempts
to preserve the individuality of the inmate and to maximize the inmate’s right
to personal privacy should be made.
The prison service shall provide clearly separated living quarters for:
(i) Male residents in containment
(ii) Male residents in remand or lockup status
(iii) Female residents in containment
(iv) Female residents in remand or lockup status
Discussion:
Housing the sexes separately does not necessarily preclude a cocorrectional facility. Male and female residents may conceivably be
contained within the same building, but shall be housed separately and apart
within the structure.
Staff members of one sex shall be permitted to work in the areas of an institution occupied by
members of the opposite sex only to the degree that human privacy and dignity are not
compromised.
Discussion:
In most instances, policy requires male officers in male living units and
female officers inside female living units. However, there are some physical
plant configurations which would allow officers of different sexes commonly
working in living units of the opposite sex without compromising human
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dignity and privacy. The policy allows for staff members of different sexes
to serve in such capacities as teachers, doctors, support personnel, nurses,
administrators, etc.
5.(b) Inmates in Separate Living Units
Inmates placed in separate living units because of special needs or circumstances shall retain all
customary and specified rights and privileges of inmates in the general population.
Discussion:
Inmates in special segregation are there, not due to infractions of institutional
rules, but due to their unique status within the institution. Therefore, unless it
can be demonstrated that to continue their customary rights and privileges
would clearly endanger them or others, their rights and privileges shall
continue unimpeded.
5.(c) Privacy and Electronic Surveillance
Where electronic surveillance is used, it shall only be used in hallways, corridors, day rooms,
lounges or at points in the security perimeter.
Discussion:
A monitoring system should be a means of control and protection of life
rather than punishment, and the most humane methods of obtaining the
required level of security shall be utilised. Any system of monitoring
resident activities must place maximum emphasis on human dignity and the
privacy of the person whom it affects.
6. Searches
Subsequent to being searched upon admission, a search of the person of an inmate and/or an
inmate’s possessions shall only be conducted where:
(a) the director so authorised; or
(b) a staff member has reasonable and probable grounds to believe that an inmate is in
possession of drugs, weapons, or any other contraband item which may threaten the
management, operation, discipline or security of the prison.
Discussion:
All searches of the person or possessions of an inmate shall be conducted
so as to guard and preserve the integrity and dignity of the inmate.
7. Grievance Procedure
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There shall be a procedure for fairly and expeditiously resolving offenders’ grievances on
matters within the jurisdiction of the commissioner.
Every offender shall have complete access to the offender grievance procedure without negative
consequences.
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IV SECURITY
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IV SECURITY
Table of Contents
PART ONE: UN GUIDELINES................4
A. USE OF FORCE POLICY....................................... 4
1. Guidelines for the Use of Force and
Physical Restraint................................................ 4
1.(a) General...................................................... 4
1.(b) Reporting and Review Procedures ............ 8
1.(c) Legal Rights of Those Affected by the
Use of Force and Firearms........................ 9
1.(d) Juveniles and the Use of Force.................. 9
2. Training of Prison Officers.................................10
3. Procedure in Application of Force.....................11
B. SECURITY LEVELS .............................................11
C. REMOVAL OF PRISONERS ...............................11
PART TWO: PROPOSED PRISON
POLICY ..................................................13
A. USE OF FORCE.....................................................13
1. Definition..............................................................13
2. Authorisation for the Use of Force ....................13
3. Treatment of Juveniles........................................13
4. Liability................................................................14
5. Use of Good Judgement in the
Application of Force..........................................14
6. Conditions Warranting Application of
Force....................................................................14
7. Degree of Force....................................................15
8. Use of Force Resulting in an Injury...................15
9. Report and Notification ......................................15
10. Physical Force and Restraint Equipment .......15
10.(a) Allowable Restraint Items......................16
10.(b) Youth- Restraint Equipment ...................16
10.(c) Storage...................................................17
10.(d) Local Inventory......................................18
10.(e) Register ..................................................18
10.(f) Loss or Theft...........................................18
B. SECURITY CLASSIFICATION OF FILES .......19
1. Inmate File Classification ...................................19
2. Escape Risk..........................................................19
3. Violent...................................................................19
4. Suicidal .................................................................20
5. Mental Health ......................................................20
6. Protective Custody ..............................................20
7. Special Alert.........................................................21
8. Authority for Applying Security Alerts.............21
9. File Labels............................................................21
10. Review of Labelled Files...................................21
C. CENTRAL CONTROL..........................................22
1. General Comments..............................................22
D. INFORMATION RECORDING AND
DISSEMATION .....................................................22
1. Exchange of Critical Information......................22
2. Information Recording.......................................22
3. Supervisor’s Responsibilities..............................23
4. Staff Responsibilities...........................................23
5. Communications Systems...................................23
6. Logbook................................................................23
E. POPULATION COUNTS ......................................24
1. General Comments..............................................24
2. Formal Population Counts.................................24
2.(a) Working Model of Formal Counts
Times........................................................25
3. Informal Population Counts...............................26
3.(a) Working Model of Informal Count
Times........................................................26
F. ADMINISTRATIVE SEGREGATION................26
1. Purpose.................................................................26
2. Duration...............................................................26
3. Grounds for Confining Inmate in
Administrative Segregation..............................26
4. Considerations Governing Release....................27
5. Case to be Reviewed............................................27
6. Presence of Inmate ..............................................27
7. When Warden Must Meet with Inmate ............27
8. Inmate Request Denied.......................................28
9. Visits to Inmate ....................................................28
10. Rights of Inmate................................................28
G. SUPERVISION OF INMATES .............................28
1. Living Quarters ...................................................28
2. Monitoring Systems.............................................29
3. Officer Posts.........................................................29
4. Program Monitoring...........................................29
5. Prohibition of Monitoring Duties to
Inmates................................................................30
6. Monitoring by Different Sexes...........................30
H. INSPECTIONS .......................................................30
1. General Comments..............................................30
2. Visual Inspections................................................30
3. Physical Checks...................................................31
I. SEARCHES ..............................................................31
1. Searches of Inmates.............................................31
1.(a) General Comments ..................................31
1.(b) Conduct of Search ....................................31
1.(c) Frisk Search of Inmate.............................31
1.(d) Strip Search of Inmate .............................32
1.(e) Emergency Search ...................................32
1.(f) Staff Member to Inform Institutional
Head.........................................................32
1.(g) Body Cavity Search..................................33
1.(h) Exceptional Power of Search...................33
1.(i) Times/Frequency of Searches of
Inmate Quarters.......................................33
2. Searches of Visitors .............................................34
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IV SECURITY
2.(a) Purpose....................................................34
2.(b) Warning About Searches .........................34
2.(c) Definitions................................................34
2.(d) Persons Subject to Searches ....................35
2.(e) Consequences of Discovering
Contraband..............................................35
2.(f) Refusal to Submit to a Search...................35
2.(f)(i) Withdrawal of Consent.................35
2.(f)(ii) Consequences of a Refusal to
Submit to a Search.............................35
2.(g) Pat Search................................................35
2.(h) Skin Search ..............................................36
2.(i) Same Gender to Conduct Skin Search ......36
2.(j) Grounds for Skin Search...........................36
2.(k) Authorisation to Conduct a Skin
Search ......................................................36
2.(l) Search of Minors ......................................37
2.(m) Search of Vehicles ...................................37
2.(n) Searching Items of Religious
Significance..............................................37
2.(o) Conducting Skin Search Procedures .......37
2.(p) Power to Seize..........................................38
2.(p)(i) Reports Relating to Searches
and Seizures .......................................38
3. Searching Staff Members ...................................38
J. CELL ENTRY AND EXTRACTION....................39
1. General .................................................................39
2. Establishment of Cell Entry and
Extraction Teams...............................................39
3. Deployment..........................................................39
4. Warning................................................................39
5. Team Composition..............................................39
6. Equipment............................................................40
7. Briefing.................................................................40
8. Area Preparation .................................................40
9. Preparation of Destination.................................40
10. Procedure ...........................................................40
11. Inmate Compliance ...........................................41
12. Inmate Fails to Comply.....................................41
13. Secure Escort .....................................................42
14. Chemical Agent..................................................42
15. Removal of Restraints.......................................42
16. Reports ...............................................................42
K. SECURITY ESCORTS..........................................42
1. General Comments..............................................42
2. Ratio of Officers to Inmates...............................42
3. Restraint Equipment...........................................43
4. Transportation.....................................................43
5. Briefing.................................................................44
6. Documents............................................................44
L. EMERGENCY TRANSFERS ...............................44
1. General .................................................................44
2. Transfer Summary..............................................45
M. CONTROL OF KEYS ...........................................45
1. General Comments..............................................45
2. Locks.....................................................................45
3. Security Classification.........................................45
4. Register.................................................................46
5. Authorities............................................................46
6. Access to Key Room ............................................46
2
7. Transfer of Keys..................................................46
8. Return of Keys.....................................................46
9. Inspections............................................................46
10. Inmate Authorisations......................................47
11. Lost, Missing or Damaged Keys.......................47
N. TOOL CONTROL..................................................47
1. General .................................................................47
2. Identification........................................................47
2.(a) Non-Restricted (Class N) .........................47
2.(b) Restricted (Class R) .................................48
2.(b)(i) Hobby Craft Tools .......................48
3. Issue of Tools........................................................48
4. Inventory ..............................................................48
5. Storage of Tools and Equipment........................48
6. Classification........................................................48
7. Storage and Disposal...........................................48
8. Missing or Lost Tools..........................................49
9. Loaning of Tools and Equipment.......................49
O. CONTRABAND......................................................49
1. General .................................................................49
2. Confiscation .........................................................49
P. CONTROL OF DANGEROUS
SUBSTANCES .......................................................50
1. General Comments..............................................50
1.(a) Definition of ‘Dangerous Substances’ .....50
1.(a)(i) Alternative 1 ................................50
1.(a)(ii) Alternative 2 ...............................50
2. Storage ..................................................................51
3. Issue and Use........................................................51
4. Stocks and Storage ..............................................51
5. Self-Contained Breathing Apparatus................51
5.(a) Objectives ................................................51
5.(b) Purpose of Equipment..............................52
5.(c) Instances for Use......................................52
5.(d) Initial Training of Officers.......................52
5.(e) Refresher Training ...................................52
5.(f) Training Records......................................53
5.(g) Availability of Officers.............................53
5.(h) Proper Use of Equipment ........................53
5.(i) Officers to Work in Pairs..........................54
5.(j) Oral Communication ................................54
5.(k) Acquisition of Equipment .........................54
Q. CONTROL OF WEAPONS/CHEMICAL
AGENTS .................................................................54
1. General Comments..............................................54
2. Armoury Access...................................................55
3. Inventory ..............................................................55
4. Removal Record..................................................55
5. Armed Posts .........................................................55
6. Training Required...............................................55
R. WEAPON LOADING/UNLOADING..................56
1. General Comments..............................................56
S. FIRE PROTECTION SYSTEMS..........................56
1. Fire Protection Equipment.................................56
2. Firefighting Equipment, Planning and
Procedures ..........................................................56
3. List of Firefighting Equipment and
Alarm System.....................................................57
4. Notification...........................................................57
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IV SECURITY
T. UNUSUAL INCIDENTS........................................57
U. EMERGENCY SITUATIONS..............................57
1. Escapes and Prison Breaches .............................57
1.(a) Definitions................................................57
1.(b) Plan of Procedure....................................58
1.(c) Files..........................................................59
2. Suppression of a Riot..........................................59
2.(a) General Comments ..................................59
2.(b) Tactical Squads........................................59
2.(c) Authority to Activate ................................59
2.(d) Methods of Action ....................................59
3. Hostage Taking....................................................59
3.(a) Local Police Force ..................................59
3.(b) Contingency Plans ...................................60
4. Bombs and Bomb Threats ..................................60
4.(a) General Comments ..................................60
4.(b) Types ........................................................60
4.(c) Responses - Telephone Threats .................61
4.(d) Search and Locating ................................62
3
5. Protection of Evidence in Critical
Incidents..............................................................62
5.(a) General ....................................................62
5.(b) Responsibility...........................................62
5.(c) Evidence Matter .......................................62
5.(d) Firearms..................................................63
5.(e) Written Reports ........................................63
V. YOUTH SECURITY, CONTROL AND
SUPERVISION......................................................63
1. Control Centre .....................................................63
2. Communication Systems.....................................63
3. Safety Systems......................................................64
4. Security Checks...................................................64
5. Security Systems..................................................65
6. Searches................................................................65
7. Counts...................................................................66
8. Supervision...........................................................67
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IV SECURITY
4
IV SECURITY
PART ONE: UN GUIDELINES
A. USE OF FORCE POLICY
1. Guidelines for the Use of Force and Physical Restraint
1.(a) General
Standard Minimum Rules for the Treatment of Prisoners 1
Rule 33
Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall
never be applied as a punishment. Furthermore, chains or irons shall not be used
as restraints. Other instruments of restraint shall not be used except in the
following circumstances:
(i) As a precaution against escape during a transfer, provided that
they shall be removed when the prisoner appears before a judicial
or administrative authority
(ii) On medical grounds by direction of the medical officer
(iii) By order of the director, if other me thods of control fail, in
order to prevent a prisoner from injuring him/herself or others or
from damaging property; in such instances the director shall at
once consult the medical officer and report to the higher
administrative authority
Rule 34
The patterns and manner of use of instruments of restraint shall be decided by the
central prison administration. Such instruments must not be applied for any
longer time than is strictly necessary.
Rule 54
1. Officers of the institutions shall not, in their relations with the prisoners, use
force except in self-defense or in cases of attempted escape, or active or passive
physical resistance to an order based on law or regulations. Officers who have
1
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders Geneva 1955
and approved by the Economic and Social Council Resolution 663 C of 31 July 1957 and 2076 of 13 May
1977.
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IV SECURITY
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recourse to force must use no more than is strictly necessary and must report the
incident immediately to the director of the institution.
3. Except in special circumstances, staff performing duties which bring them into
direct contact with prisoners should not be armed. Furthermore, staff should
under no circumstances be provided with arms unless they have been trained in
their use.
Code of Conduct for Law Enforcement Officials
2
Article 33
Law enforcement officials may use force only when strictly necessary and to the
extent required for the performance of their duties.
Commentary:
This provision emphasises that the use of force by law enforcement
officials should be exceptional. While it implies that law enforcement
officials may be authorised to use force as is reasonably necessary
under the circumstances for the prevention of crime or in effecting or
assisting in the lawful arrest of offenders or suspected offenders, no
force going beyond that may be used.
National law ordinarily restricts the use of force by law enforcement
officials in accordance with a principle of proportionality. It is to be
understood that such national principles of proportionality are to be
respected in the interpretation of this provision. In no case should this
provision be interpreted to authorise the use of force, which is
disproportionate to the legitimate objective to be achieved.
The use of firearms is considered an extreme measure. Every effort
should be made to exclude the use of firearms, especially against
children. In general, firearms should not be used except when a
suspected offender offers armed resistance or otherwise jeopardises the
lives of others and less extreme measures are not sufficient to restrain
or apprehend the suspected offender. In every instance in which a
firearm is discharged, a report should be made promptly to the
competent authorities.
2
General Assembly Resolution 341169 of 17 December 1979.
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Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
3
Principle 1
Governments and law enforcement agencies shall adopt and implement rules and
regulations on the use of force and firearms against persons by law enforcement
officials. In developing such rules and regulations, governments and law
enforcement agencies shall keep the ethical issues associated with the use of force
and firearms constantly under review.
Principle 2
Governments and law enforcement agencies should develop a range of means as
broad as possible and equip law enforcement officials with various types of
weapons and ammunition that would allow for a differentiated use of force and
firearms. These should include the development of non-lethal incapacitating
weapons for use in appropriate situations, with a view to increasingly restraining
the application of means capable of causing death or injury to persons. For the
same purpose, it should also be possible for law enforcement officials to be
equipped with self-defense equipment such as shields, helmets, bullet-proof vests
and bullet-proof means of transportation, in order to decrease the need to use
weapons of any kind.
Principle 3
The development and deployment of non-lethal incapacitating weapons should be
carefully evaluated in order to minimise the risk of endangering uninvolved
persons. The use of such weapons should be carefully controlled.
Principle 4
Law enforcement officials, in carrying out their duty, shall as far as possible,
apply non-violent means before resorting to the use of force and firearms. They
may use force and firearms only if other means remain ineffective or without any
promise of achieving the intended result.
Principle 5
Whenever the lawful use of force and firearms arises, officials shall:
(a) exercise restraint in such use and act in proportion to the
seriousness of the offence and the legitimate objective to be
achieved; and
3
Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana,
Cuba 27 August to 7 September 1990.
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(b) minimise damage and injury, and respect and preserve human
life.
Principle 6
Where injury or death is caused by the use of force and firearms by law
enforcement officials, they shall report the incident promptly to their superiors, in
accordance with Principle 22.
Principle 7
Governments shall ensure that arbitrary or abusive use of force and firearms by
law enforcement officials is punished as a criminal offence under their law.
Principle 8
Exceptional circumstances such as internal political instability or any other public
emergency, may not be invoked to justify any departure from these basic
principles.
Principle 9
Law enforcement officials shall not use firearms against persons except in selfdefense or defense of others against the imminent threat of death or serious injury,
to prevent the perpetration of a particularly serious crime involving grave threat to
life, to arrest a person presenting such a danger and resisting their authority, or to
prevent his/her escape, and only when less extreme means are insufficient to
achieve these objectives. In any event, intentional lethal use of firearms may only
be made when strictly unavoidable in order to protect life.
Principle 11
Rules and regulations on the use of firearms by law enforcement officials should
include guidelines that:
(a) specify the circumstances under which law enforcement
officials are authorised to carry firearms and prescribe the use of
firearms and ammunition permitted;
(b) ensure that firearms are used only in appropriate circumstances
and in a manner likely to decrease the risk of unnecessary harm;
(c) prohibit the use of those firearms and ammunition that cause
unwarranted injury or present an unwarranted risk;
(d) regulate the control, storage and issuing of firearms, including
procedures for ensuring that law enforcement officials are
accountable for the firearm and ammunition issued to them;
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(e) provide for warnings to be given, if appropriate, when firearms
are to be discharged; and
(f) provide for a system of reporting whenever law enforcement
officials use firearms in the performance of their duties.
Principle 15
Law enforcement officials, in their relations with persons in custody or detention,
shall not use force except when strictly necessary for the maintenance of security
and order within the institution, or when personal safety is threatened.
Principle 16
Law enforcement officials, in their relations with persons in custody or detention,
shall not use force except in self-defense or in the defense of others against the
immediate threat of death or serious injury, or when strictly necessary to prevent
the escape of a person in custody or detention presenting the danger referred to in
Principle 9.
Principle 17
The preceding principles are without prejudice to the rights, duties and
responsibilities of prison officials as set out in the Standard Minimum Rules for
the Treatment of Prisoners, particularly Rules 33, 34 and 54.
1.(b) Reporting and Review Procedures
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
4
Principle 22
Governments and law enforcement agencies shall establish effective reporting and
review procedures for all incidents referred to in Principles 6 and 11.1. For
incidents reported pursuant to these principles, governments and law enforcement
agencies shall ensure that an effective review process is available and that
independent administrative or prosecutorial authorities are in a position to
exercise jurisdiction in appropriate circumstances. In cases of death and ser ious
injury or other grave consequences, a detailed report shall be sent promptly to the
competent authorities responsible for administrative review and control.
Governments and law enforcement agencies shall ensure that superior officers are
held respons ible if they know, or should have known, that law enforcement
officials under their command are resorting, or have resorted, to the unlawful use
4
Supra, note
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of force and firearms, and they did not take all measures in their power to prevent,
suppress or report such us e.
Governments and law enforcement agencies shall ensure that no criminal or
disciplinary sanction is imposed on law enforcement officials who, in compliance
with the Code of Conduct for Law Enforcement Officials and these basic
Principles, refuse to carry out an order to use force and firearms, or who report
such use by other officials.
Principle 26
Obedience to superior orders shall be no defense if law enforcement officials
knew that an order to use force and firearms resulting in the death or serious
injury of a person was manifestly unlawful and had a reasonable opportunity to
refuse to follow it. In any case, responsibility also rests on the superiors who
gave the unlawful orders.
1.(c) Legal Rights of Those Affected by the Use of Force and Firearms
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
5
Principle 23
Persons affected by the use of force and firearms or their legal representatives,
shall have access to an independent process, including a judicial proce ss. In the
event of the death of such persons, this provision shall apply to their dependants
accordingly.
1.(d) Juveniles and the Use of Force
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
6
Rule 63
Recourse to instruments of restraint and to force for any purpose should be
prohibited, except as set forth in Rule 64 below.
Rule 64
Instruments of restraint and force can only be used in exceptional cases, where all
other control methods have been exhausted and failed, and only as explicitly
authorised and specified by law and regulation. They should not cause
humiliation or degradation, and should be used restrictively and only for the
5
Supra, note
6
General Assembly Resolution 451113 of 14 December 1990.
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shortest possible period of time. By order of the director of the administration,
such instruments might be resorted to in order to prevent the juvenile from
inflicting self-injury, injuries to others or serious destruction of property. In such
instances, the director should at once consult medical and other relevant personnel
and report to the higher administrative authority. The carrying and use of
weapons by personnel should be prohibited in any facility where juveniles are
detained.
2. Training of Prison Officers
Standard of Minimum Rules for the Treatment of Prisoners
7
Rule 2
Prison officers shall be given special physical training to enable them to restrain
aggressive prisoners.
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials 8
Principle 19
Governments and law enforcement agencies shall ensure that all law enforcement
officials are provided with training and are tested in accordance with appropriate
proficiency standards in the use of force. Those law enforcement officials who
are required to carry firearms, should be authorised to do so only upon completion
of special training in their use.
Principle 20
In the training of law enforcement officials, governments and law enforcement
agencies shall give special attention to issues of police ethics and human rights,
especially in the investigative process, to alternatives to the use of force and
firearms, including the peaceful settlement of conflicts, the understanding of
crowd behaviour, and the methods of persuasion, negotiation and mediation, as
well as to technical means, with a view to limiting the use of force and firearms.
Law enforcement agencies should review their training programs and operational
procedures in light of particular incidents.
Principle 21
Governments and law enforcement agencies shall make stress counselling
available to law enforcement officials who are involved in situations where force
and firearms are used.
7
Supra, note
8
Supra, note
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3. Procedure in Application of Force
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
9
In the circumstances provided for under Principle 9, law enforcement officials
shall identify themselves as such and give a clear warning of their intent to use
firearms. This shall be done with sufficient time for the warning to be observed
unless to do so would unduly place the law enforcement officials at risk, would
create a risk of death or serious harm to other persons, or would be clearly
inappropriate or pointless in the circumstances of the incident.
B. SECURITY LEVELS
Standard of Minimum Rules for the Treatment of Prisoners
10
Rule 63
2. Institutions need not provide the same degree of security for every group. It is
desirable to provide varying degrees of security according to the needs of
different groups. Open institutions, by the very fact that they provide no physical
security against escape but rely on the self-discipline of the inmates, provide the
conditions most favourable to rehabilitation for carefully selected prisoners.
C. REMOVAL OF PRISONERS
see also I ADMINISTRATION
Standard Minimum Rules for the Treatment of Prisoners
11
Rule 45
1. When the prisoners are being removed to or from an institution, they shall be
exposed to public view as little as possible. Proper safeguards shall be adopted to
protect them from insult, curiosity and publicity in any for m.
2. The transport of prisoners in conveyance with inadequate ventilation or light or
in any way that would subject them to unnecessary physical hardship shall be
prohibited.
9
Supra, note
10
Supra, note
11
Supra, note
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3. The transport of prisoners shall be carried out at the expense of the
administration. Equal conditions shall be obtained for all.
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
12
Rule 26
The transport of juveniles should be carried out at the expense of the
administration in conveyances with adequate ventilation and light, in conditions
that should in no way subject them to hardship or indignity. Juveniles should not
be transferred from one facility to another arbitrarily.
12
Supra, note
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PART TWO: PROPOSED PRISON POLICY
A. USE OF FORCE
1. Definition
Use of force for the purposes of this policy means the application of physical restraint in
order to control inmates, other persons, and situations.
2. Authorisation for the Use of Force
A prison officer is justified in using force and is protected from criminal and civil
liability when the officer, in good faith:
(a) acts reasonably and uses only the necessary amount of force called for in the
particular circumstance; and
(b) uses force in the performance of the duties as an employee of the prison
service.
A prison officer is criminally responsible for any excessive use of force. The individual
officer and the prison service may also be civilly liable for any excesses in the use of
force.
The degree of force used shall be limited to minimal proportions for effective control and
its application shall be discontinued at the earliest reasonable opportunity.
Force likely to cause grievous bodily harm or death may be used only in cases where it is
reasonable to believe there exists a serious counter-threat of serious bodily harm or death.
Where the prison warden has reasonable and probable grounds to believe the force used
was in excess of that which was required, the case shall be referred to the local police
detachment and crown counsel.
Where the prison warden has determined that an officer used force excessively or
inappropriately, or an officer neglected to prevent the excessive or inappropriate use of
force by another officer, disciplinary action shall be taken.
3. Treatment of Juveniles
Physical force in the case of juveniles shall only be used in instances of justifiable selfprotection, protection of others, prevention of property damage, prevention of escapes,
and in accordance with appropriate statutory authority. Only the minimal force shall be
employed.
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Discussion:
The application of force shall be restricted to situations where all
means of reasoning or verbal control have proven ineffective and
restraint or apprehension is necessary. Sometimes youths lose control
over their actions and become violent. In such instances, they should
be brought under control.
All cases of physical force and/or physical restraint shall be applied within the constraints
of the criminal code of the state and shall be reported in writing, with the date and
signature of the reporting staff member. The report shall be placed in the youth’s case
record and reviewed by an appropriately designated official of the detention facility.
Discussion:
It is in the interest of both program staff and residents that the use of
force and/or physical restraint be carefully monitored. All details
related to any such incidents should be carefully documented. Any
injuries must be recorded fully and treated promptly.
4. Liability
A prison officer is justified in using force when he/she in good faith:
(a) acts reasonably and uses only the necessary amount of force called for in the
particular circumstance; and
(b) the force is used in the performance of duties as a corrections officer.
The officer may be liable for any excessive use of force.
5. Use of Good Judgement in the Application of Force
An officer is expected to use good judgement when determining which circumstances
warrant the use of force.
The amount of force to be used is dependent on the particular circumstances, the
reasonable judgement of the individual officer, and the direction afforded by senior
officers. Various options are available, but circumstances will dictate the type of force
ultimately selected. Failure to respond swiftly and effectively may contribute to the
deterioration or worsening of the situation.
6. Conditions Warranting Application of Force
A correctional officer may use force when there are reasonable grounds to believe its
application will:
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(a) prevent the commission or continuation of an offence (i.e. escape, assault on
staff or inmate),
(b) maintain or restore the good order of the institution,
(c) apprehend an offender following escape, or
(d) assist another officer in any of the above.
Force should only be used as a last resort, when all other reasonable means of control
have been exhausted and/or proven ineffective.
7. Degree of Force
The degree of force used shall be limited to minimal proportions to affect control. Its
application shall be discontinued at the ear liest reasonable opportunity.
Force likely to cause grievous bodily harm or death may be used only in cases where it is
reasonable to believe there exists a serious counter-threat of serious bodily harm or death.
8. Use of Force Resulting in an Injury
Any person against whom force has been used and who appears to have suffered injury
shall be:
(a) examined by a health care professional, and
(b) photographed by prison staff as soon after the incident as practical.
9. Report and Notification
All serious or unusual incidents involving the use of force shall be reported immediately
to the prison warden. Prison officers involved in or witnessing the incident shall submit a
written report. When it has been determined that an officer used force excessively or
inappropriately or an officer neglected to prevent the excessive or inappropriate use of
force by another officer, disciplinary action shall be taken.
10. Physical Force and Restraint Equipment
Physical restraint is the use of personal force. Restraint equipment may be used to fortify
and complement personal force by constraining the inmate in a less harmful and more
effective manner.
Notification of incidents requiring restraint equipment for medical purposes (e.g.
prevention self-inflicted injury), shall be given to the appropriate health care professional
without delay.
Restraint equipment shall not be used as a means of punishment.
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10.(a) Allowable Restraint Items
Allowable restraint equipment and weapons include:
1. Physical restraint equipment:
(a) Handcuffs
(b) Leg irons
(c) Belly chains
(d) Restraint boards
2. Riot equipment:
(a) Batons
(b) Shields
(c) Helmets and visors
(d) Protective clothing:
(i) Groin protectors
(ii) Boots
(iii) Gloves
(iv) Fire retarda nt overalls
(v) Shin pads
(vi) Disposable handcuffs
(e) Firehoses
3. Body armour
4. Chemical agents:
(a) C.N. gas
(b) Oleoresin capsicum
(c) Mace
5. Dogs
6. Firearms
Riot equipment may be used in subduing rebellious inmates when personal force,
complemented by restraint equipment, is inadequate to contain, disperse and prevent the
escalation of violence or serious property damage.
Extreme care must be exercised to prevent excessive injury.
Riot equipment shall only be used by officers assigned to tactical squads and shall only
be used when authorised.
10.(b) Youth- Restraint Equipment
Handcuffs shall be the only mechanical restraint employed in youth correctional
facilities, and shall be available within the centre for emergency purposes and for
utilisation during transportation of youths between programs. Any use of handcuffs other
than for the transportation of youths shall be immediately reported in writing to the
officer in charge.
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Discussion:
The standard assumes that control and discipline can be maintained
within the program without the use of mechanical restraints, except in
emergency situations. Due to the heightened likelihood of escape
attempts during transportation, the regular use of handcuffs is
permissible.
No firearms shall be deployed on the premises of a youth facility.
Discussion:
Firearms are not a security option in youth facility. Staff members are
not to bring their own weapons on or near the grounds of a youth
facility.
Each youth correctional facility shall develop and implement policies and procedures to
address the presence of armed police and sheriffs at the centre. The policy and
procedures should take into consideration:
(a) the general prohibition against the presence of firearms in the centre;
(b) the various types and purposes of visits by armed officers, as well as the areas
of the centre which may be visited;
(c) the need in some circumstances to not unnecessarily inconvenience visiting
officers; and
(d) the safety and security of youths, staff and visiting officers.
Discussion:
The intent of the standard is to uphold the safety and security of the
centre while recognising that in some circumstances, the presence of
visiting armed officers does not compromise the centre’s security or
the general prohibition against firearms as a security option for youth
programs.
10.(c) Storage
Appropriate orders for the storage and security of physical restraint and riot equipment
shall be established and enforced.
There shall be a clearly visible sign on the door to the storage facility indicating there are
chemical agents in the building in the event of fire.
Keys to the storage facility shall be kept to a minimum, controlled through a separate key
register and, when not in use, retained or secured by the officer in charge of the shift.
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10.(d) Local Inventory
An inventory system of restraint equipment shall be kept, reviewed and updated annually.
A record of inventory shall be maintained to provide the following information:
(i) The date physical restraint, riot equipment and chemical agents were obtained
and the source of supply
(ii) Description of physical restraint, riot equipment, and chemical agents
(including serial numbers, make, model, etc.)
(iii) Quantity of chemical agents on hand
(iv) Record of chemical agents purchased or received during any fiscal year
(v) Record of chemical agents expended during any fiscal year
(vi) Expiry date of chemical agents
10.(e) Register
A register indicating the deployment of physical restraints, riot equipment, and chemical
agents, for duty or instructional purposes shall be kept, identifying:
1. Time and date of issue
2. Type and number of items issued
3. Purpose
4. Receiver’s name
Upon return of the items issued, the register sha ll indicate:
1. Time and date of return
2. Type and number of items returned
3. Receiver’s name
10.(f) Loss or Theft
The loss or theft of physical restraints, riot equipment or chemical agents shall be
reported immediately.
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B. SECURITY CLASSIFICATION OF FILES
1. Inmate File Classification
The following sets out the criteria whereby inmates are identified in one or more of the
following security categories:
(i) Escape risk
(ii) Violent
(iii) Suicidal
(iv) Mental
(v) Protective custody
(vi) Special alert
2. Escape Risk
An inmate is judged as likely to escape because:
1. He/she has escaped or attempted to escape during present and previous
sentences.
2. He/she has committed further offences while on escape, which have led to
convictions.
3. Attitude and behaviour have not noticeably improved since previous escapes.
4. Seriousness of offence (maximum penalty over ten years) particularly as it
pertains to remanded prisoners.
5. In the case of a sentenced prisoner, there are outstanding charges that are more
serious than those for which he/she is serving sentence.
6. The inmate is a citizen of a foreign country and there are outstanding charges in
his/her native country.
7. The inmate is a citizen of a foreign country and immigration advises that
escape will unduly complicate deportation.
3. Violent
An inmate is judged as violent because:
1. He/she has several previous convictions for violent offences.
2. Criminal justice information links him/her direc tly to violent and destructive
behaviour.
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3. Professional opinion indicates that he/she is unpredictable, likely to assault.
4. The inmate’s violent or aggressive behaviour makes him/her a risk to staff or
other prisoners.
4. Suicidal
An inmate is judged as a suicide risk because:
1. The inmate has a history of attempted suicide as per criminal justice sources.
2. Police/sheriffs indicate an attempted suicide while in their custody.
3. A medical officer (admitting), psychiatrist, or clinical psychologist has assessed
him/her as a suicide risk.
4. There is firsthand information (e.g. from prisoner and/or family member).
5. Mental Health
On advice from a medical doctor (admitting), psychiatrist, or clinical psychologist, an
inmate is assessed as needing special status as a result of mental health concerns because:
1. The inmate has a background of instability, suggesting that he/she may be
violent.
2. The inmate has a history of social or learning deficiencies.
3. The inmate is emotionally disturbed.
4. The inmate has a mental condition that requires hospital care.
6. Protective Custody
Inmates with special needs must be identified and accommodated in a manner which
ensures their needs for safe custody as well as their rights and privileges are met. The
protective custody alert will be formalised in concert with the inmate.
Notwithstanding the above, the prison service reserves the right to segregate inmates in
cases when criminal justice information suggests that life and safety are in danger.
Protective custody will be discussed with, and may be offered to, all inmates who are:
(a) awaiting trial or sentence on sex related offences, or
(b) past or present employees of the criminal justice system.
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Inmates will be given an opportunity to waive protective custody on subsequent
admissions.
7. Special Alert
Those inmates who are borderline in any of the previous categories and as such are at
potential risk, will be labelled special alert because:
(a) these cases may or may not have a label attached to their files, and
(b) this category will alert staff to those inmates who may become a risk if circumstances
change.
8. Authority for Applying Security Alerts
Any classification officer, officer in charge of a unit, or officer in charge of records, at
any time during the remand or sentence into custody, may apply the criteria to determine
whether or not a prisoner should have a security alert applied or removed. Prior to
removing a security alert, the officer who applied the alert shall be consulted in order to
determine whether or not the alert is still required.
9. File Labels
When a prisoner is designated in one of the security alert categories, a clearly identifiable
label is applied to the outside front of the file folder. This label is to be dated with the
date corresponding with the file entry, justifying the application of the security alert. The
warrant file, progress file, medical file and warden’s file are to be labelled.
The only other label that may be affixed to a file is a label identifying persons serving
sentences of imprisonment plus a term of probation following the term of imprisonment
at expiration.
The use of a single colour coded label will alert staff to review the file closely, without
giving inmates the reason for the alert.
10. Review of Labelled Files
All prisoner files having security alerts are to be reviewed thoroughly by either the
classification officer, the officer in charge of a unit, or the officer in charge of records, as
the case may be, prior to the inmate’s transfer. This shall determine that the transfer is
consistent with the legal status of the prisoner and consistent with the security alert status.
All files having security alerts are to be reviewed thoroughly by the person in authority at
the receiving centre to determine if the security alert is required in that new environment.
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C. CENTRAL CONTROL
1. General Comments
All prisons shall have a designated central control. A central control facility is essential
for integrating various security and communications functions.
The control centre in a secure institution shall be staffed twenty-four hours a day and
access to it shall be limited. In open settings, staffing shall be dictated as by
circumstances.
The control centre is responsible for:
(i) Inmate counts
(ii) Key control
(iii) Coordination of the prison’s internal and perimeter security network
(iv) Communications for the prison, monitoring operation of firearms, public
address, radio, surveillance alarms, perimeter lighting, telephone and other
mechanical and electrical systems
(v) Monitoring and recording of all visits (including visits under security)
D. INFORMATION RECORDING AND DISSEMATION
1. Exchange of Critical Information
Local policies shall be in place to provide for the passage of critical information from one
shift to another. Strategies used to achieve this goal may include:
(i) Overlapping shifts by supervisors
(ii) Staggered start and finish times for line staff
(iii) Logbook entries
(iv) Critical incident/information files
2. Information Recording
Each prison, or living unit within a larger centre, shall maintain a system of recording the
following information:
1. Routine information:
(a) Staff on duty and changes
(b) Counts- formal and informal
(c) Movement of inmates for any reason including:
(i) Programming
(ii) Count
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(iii) Medical
(d) Visits to unit, including:
(i) Inmate visitors
(ii) Prison service officials
(iii) Contractors
(iv) Maintenance personnel
(v) Touring groups
2. Critical information:
(a) Security alerts:
(i) Highlighting security deficiencies
(ii) Summary of problem
(iii) Action taken
(b) Unusual occurrences and unit atmosphere
(c) Any other information that may impact on:
(i) Unit security
(ii) Staff safety
(iii) Inmate safety
3. Supervisor’s Responsibilities
Shift supervisors shall ensure that all staff are briefed on any situation or condition that
may affect the safety/security of the unit.
4. Staff Responsibilities
All staff are responsible for reading the critical incident record. Staff shall initial the
recorded information certifying that they have read it.
The prison warden or designate shall periodically review the comments and ensure that
staff have read and initialled the entries.
5. Communications Systems
At the beginning of each shift, the officer in charge of the shift shall ensure that security
communication systems are tested, any malfunctions are noted and immediate steps are
taken to rectify malfunctions and provide temporary alternate means of communication
pending repair of the regular system.
6. Logbook
A unit logbook shall be maintained, ensuring a record of all incidents, counts, cleaning
checks, visitors, etc. are properly logged. Each unit check shall be logged when it occurs,
with the time and signature of the officer taking the check and indicating his/her
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observations during the check. Recreation and program area checks shall be logged
indicating who was on patrol with time in and time out being recorded.
E. POPULATION COUNTS
1. General Comments
The purpose of this policy is to identify the procedures necessary to conduct both formal
and informal counts of inmates and the staff responsible for carrying out these
procedures.
Counts should be scheduled so that they do not conflict with activity programs and
normal operating procedures. The count should be conducted by the staff and should
include an accounting of all inmates housed in or otherwise assigned to the facility area
in which the count is conducted. The purpose of counts is to ensure that inmates are alive
and well, and in a place where they are authorised to be.
2. Formal Po pulation Counts
A formal count is defined as a count based on actual sight of the inmate’s flesh. During
such counts there shall be no inmate movement.
On all formal counts, inmates are to be in their assigned residence. They must remain in
the residence until the count clear announcement is made.
All formal counts shall be double counts with two officers signing the count slip.
Work counts will ensure inmates are following policies and rules as well as allowing the
staff to identify which inmates are in the residence.
All counts shall be done as follows:
1. Count shall be a double count by two officers going together.
2. If there is any indication the count is not correct, a second count shall be
done with the officers starting at opposite areas of the first count.
3. Both officers shall sign the count sheet as having taken the count. The
supervisor shall initial the count slip as having been totalled correctly.
Any inmate not in the unit or place of work shall be reported as missing. All inmates
assigned to the unit shall remain in the unit.
When looking for an inmate, it is imperative to do a physical check of the unit.
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A formal inmate population count shall be conducted at completion of each regularly
scheduled shift, and prior to and immediately following all mass movements of inmate
groups.
When there is a mass movement of inmates from one part of the centre to another for
such purposes as meals, films, work assignments, etc., a count shall also be conducted.
The results of that count shall be recorded in writing and shall include:
(i) Date and time of count
(ii) Facility area in which the count was conducted
(iii) Number of inmates assigned to the facility area
(iv) Number of inmates accounted for
(v) Names and signatures of staff members conducting the count
2.(a) Working Model of Formal Counts Times
0300-0400 hours- Cell count carried out by two staff members in each unit, including
segregation, simultaneously. The results of the count are to be
centrally reported. There is no inmate movement until the count is
verified correct by a senior officer and both staff members have
signed the count slips.
0600-0630 hours- Staff member assigned to each unit including the annex,
dissociation and segregation, carries out a cell count and reports
the results to administration control for verification. There is no
inmate movement until the count is verified. Count slips are to be
submitted to administration control prior to the end of the shift at
0700 hours.
1150 hours- All inmates are counted in cells in respective units by unit staff.
Inmates required at their work location during the period of this
count may be counted at their respective work location by the staff
member responsible for that area. Counts from each area must be
reported centrally.
1630 hours- Formal lock up count carried out by unit staff. Each inmate shall be
counted in the assigned cell/unit including segregation. Counts for
each area must be reported centrally.
2300 hours- Formal lock up count carried out by unit staff. Each inmate shall
be counted in the assigned cell/unit segregation. No staff member
shall leave the institution before the 2300 hour count has been
verified.
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3. Informal Population Counts
An informal count shall be taken of inmates at various and unscheduled times and under
situations not included in the formal count.
3.(a) Working Model of Informal Count Times
(i) Each workday in the morning (0800 hours) and afternoon (1315 hours) as soon
as possible after inmates report to work
(ii) By the evening and the morning shifts at least once per hour other than formal
count times
(iii) During the work period at frequent irregular intervals
(iv) By the staff member taking over the unit at 2315 hours as a means of
confirming the formal count taken at 2300 hours by the evening shift
(v) At any other time as directed by a senior officer if an inmate is believed to be
missing
Formal and informal residence checks shall be made periodically during all shifts to
ensure inmate safety and security.
Additional rounds may be carried out at any time if circumstances indicate a need;
however, a minimum of five rounds including two formal counts must be completed.
Rounds should not always be done in the same sequence but in opposite or random order
to avoid becoming too predictable.
F. ADMINISTRATIVE SEGREGATION
1. Purpose
The purpose of administrative segregation is to keep an inmate from associating with the
general inmate population.
2. Duration
When an inmate is in administrative segregation in a prison, the service shall endeavour
to return the inmate to the general inmate population, either of that penitentiary or of
another penitentiary, at the earliest appropriate time.
3. Grounds for Confining Inmate in Administrative Segregation
The warden may order that an inmate be confined in administrative segregation if the
institutional head believes on reasonable grounds that:
(a) the inmate has acted, has attempted or intends to act in a manner that
jeopardises the security of the penitentiary or the safety of any person, (b) the
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continued presence of the inmate in the general inmate population would
jeopardise the security of the penitentiary or the safety of any person,(c) the
continued presence of the inmate in the general inmate population would interfere
with an investigation that could lead to a criminal charge, or(d) the continued
presence of the inmate in the general inmate population would jeopardise the
inmate’s own safety, and the institutional head is satisfied that there is no
reasonable alternative to administrative segregation.
4. Considerations Governing Release
All recommendations to the institutional head and all decisions by the warden to release
or not to release an inmate from administrative segregation shall be based on the
considerations set out above.
5. Case to be Reviewed
When an inmate is involuntarily confined in administrative segregation, a person or
persons designated by the warden shall:
(a) conduct, at the prescribed time and in the prescribed manner, a hearing to review the
inmate’s case, and(b) conduct, at the prescribed time and in the prescribed manner,
further recommendation to the warden, after such review, whether or not the inmate
should be released from administrative segregation.
6. Presence of Inmate
The hearing shall be conducted with the inmate present unless:
(a) the inmate is voluntarily absent,
(b) the person or persons conducting the hearing believe on reasonable grounds
that the inmate’s presence would jeopardise the safety of any person present at the
hearing, or
(c) the inmate seriously disrupts the hearing.
7. When Warden Must Meet with Inmate
When the institutional head does not intend to accept a recommendation made to release
an inmate from administrative segregation, the prison warden shall, as soon as is
practicable, meet with the inmate to:
(a) explain the reasons for not intending to accept the recommendation, and
(b) give the inmate an opportunity to make oral or written representations.
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8. Inmate Request Denied
When an inmate requests to be placed in, or continue in, administrative segregation and
the warden does not intend to grant the request, he/she shall as soon as is practicable,
meet with the inmate to:
(a) explain the reasons for not intending to grant the request, and
(b) give the inmate an opportunity to make an oral or written representation.
9. Visits to Inmate
An inmate in administrative segregation shall be visited at least once every day by a
registered health care professional.
The warden or designate shall visit the administrative segregation area at least once every
day and meet with individual inmates on request.
10. Rights of Inmate
An inmate in administrative segregation shall enjoy the same rights, privileges and
conditions of confinement as the general inmate population, except for those rights,
privileges, and conditions that:
(a) can only be enjoyed in association with other inmates; or
(b) cannot reasonably be given owing to:
(i) limitations specific to the administrative segregation area, or
(ii) security requirements.
G. SUPERVISION OF INMATES
1. Living Quarters
The prison service shall provide clearly separated living quarters for:
(i) Male sentenced inmates
(ii) Male unsentenced inmates
(iii) Female sentenced inmates
(iv) Female unsentenced inmates
Discussion:
Housing the sexes separately does not necessarily preclude a cocorrectional institution. Male and female inmates can be contained
within the same building, but shall be housed separately and apart
within the structure.
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It is desirable to house sentenced and unsentenced inmates separately. However,
unsentenced inmates may be allowed to participate in work, education and recreation
programs should they request to do so.
2. Monitoring Systems
Where electronic surveillance is used, it shall only be used in hallways, corridors,
dayrooms, lounges and such other areas common to inmates, at points in the security
perimeter, and for monitoring inmates segregated for close observation.
Discussion:
Monitoring s ystems should be a means of control and the protection of
life rather than punishment, and the most humane methods of
obtaining the required level of security shall be utilised. Any system
of monitoring inmate activities must place maximum emphasis upon
human dignity and privacy of the persons whom it affects.
Where electronic surveillance is used to monitor inmates in close observation, only
authorised staff members shall locate receivers so as to permit access.
Discussion:
In ensuring the most humane use of electronic surveillance, it is vital
that casual access not be permitted. Screens and audio receivers shall
be placed in areas with extremely limited access to staff members.
3. Officer Posts
Correctional officer posts shall be located so as to permit officers to hear and respond to
indications of inmate needs.
Discussion:
It is necessary that staff be located as close as possible to inmate living
areas in order to be aware of what is happening within the unit, to
maintain security and control, and to respond to inmate needs.
4. Program Monitoring
A staff member responsible for supervising a program of inmate activity shall monitor
and record in writing the performance and behaviour of inmates assigned to that program.
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Discussion:
Records should be kept on inmate performance in order to facilitate
program planning and community re-entry.
5. Prohibition of Monitoring Duties to Inmates
The custody and control of inmates shall not be delegated to other inmates of the prison.
6. Monitoring by Different Sexes
In non-emergency situations, staff members of one sex shall be permitted to work in the
areas of an institution occupied by members of the opposite sex only to the degree that
human privacy and dignity are not compromised.
Discussion:
In most instances, the standard requires male officers in male living
units and female officers inside female living units. However, there
are some physical plant configurations which would allow officers of
different sexes to commonly work in living units of the opposite sex
without compromising human dignity and privacy.
The standard allows for staff members of different sexes to serve in
such capacities as teachers, doctors, support personnel, nurses,
administrators, etc.
H. INSPECTIONS
1. General Comments
It is imperative that staff be aware of what is happening in their particular area of
responsibility. The major emphasis for such knowledge should be the well-being of the
inmates under staff care and control. These inspections should be at irregular intervals so
as not to form a set and predictable pattern.
2. Visual Inspections
A visual inspection of each individual’s cell or dormitory, and the area immediately
surrounding each housing unit shall be conducted by correctional centre staff at intervals
not to exceed one hour when inmates are confined in their individual housing units.
All bars, windows, locks, walls, floors, ventilation covers, glass panels, access plates,
protected screens, doors, emergency alarm systems, and other security facilities shall be
subject to a daily visual check for operational wear and inmate tampering. The results of
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these inspections shall be noted in the unit log and exception reports shall be submitted in
writing to the officer in charge or the director.
3. Physical Checks
On a weekly basis, all bars, windows, locks, walls, floors, ventilation covers, glass
panels, access plates, protected screens, doors, emergency alarm systems, and other
security facilities, shall be subjected to a rigorous physical examination in order to ensure
structural integrity and confirm the results of the daily visual examination. The results of
these inspections shall be noted in the unit log, with exception reports being submitted to
the officer in charge or the warden.
I. SEARCHES
1. Searches of Inmates
1.(a) General Comments
The purpose of the search is to detect and seize contraband objects. All searches of the
person or possessions of an inmate shall be conducted so as to guard and preserve the
integrity and dignity of the inmate.
1.(b) Conduct of Search
Subsequent to being searched upon admission, a search of an inmate and/or the inmate’s
possessions shall only be conducted when:
(a) the warden so authorised, or (b) a staff member has reasonable and
proba ble grounds to believe that an inmate is in possession of drugs, weapons, or
any other contraband item which may threaten the management, operation,
discipline or security of the prison.
Searches for contraband shall be conducted with a minimum of disturbance to the
inmate’s possessions and living area, and shall be recorded in the unit log in writing and
signed by the officer conducting the search.
1.(c) Frisk Search of Inmate
When a staff member suspects on reasonable grounds that an inmate is carrying
contraband or carrying evidence relating to a disciplinary or criminal offence, the staff
member may conduct a frisk search of the inmate.
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1.(d) Strip Search of Inmate
A staff member of the same sex as the inmate may conduct a routine strip search of an
inmate. This shall be done without individualised suspicion in the prescribed
circumstances such as situations in which the inmate has been in a place where there was
a likelihood of access to contraband that is capable of being hidden on or in the body, or
when the inmate is entering or leaving a segregation area.
Where a staff member:
(a) believes on reasonable grounds that an inmate is carrying contraband or
carrying evidence relating to a disciplinary or criminal offence, and that a strip
search is necessary to find the contraband or evidence, and
(b) satisfies the institutional head that there are reasonable grounds to so believe,
a staff member of the same sex as the inmate may conduct a strip search of the inmate.
1.(e) Emergency Search
Where a staff member:
(a) believes on reasonable grounds that an inmate is carrying contraband or carrying
evidence relating to a disciplinary or criminal offence, and that a strip search is
necessary to find the contraband or evidence, and
(b) believes on reasonable grounds that the delay that would be necessary in order
to consult the institutional head or with the gender requirement would result in
danger to human life or safety or in loss or destruction of the evidence,
the staff member may conduct the strip search without the approval of the warden or
complying with the gender requirement.
1.(f) Staff Member to Inform Institutional Head
Where a staff member believes on reasonable grounds that an inmate has ingested
contraband or is carrying contraband in a body cavity, the staff member may not seize or
attempt to seize that contraband, but shall inform the warden or the officer in charge of
the prison. Where the warden or officer in charge is satisfied that there are reasonable
grounds to believe that an inmate has ingested contraband or is carrying contraband in a
body cavity, he/she may authorise in writing one or more of the following:
(i) The use of an X-ray machine by a qualified X-ray technician to find the
contraband, if the consent of the inmate and of a qualified medical practitioner is
obtained
(ii) The detention of the inmate in a cell without plumbing fixtures, with notice to
the prisons medical staff, on the expectation that the contraband will be expelled
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1.(g) Body Cavity Search
Where the institutional head is satisfied that there are reasonable grounds to believe that
an inmate is carrying contraband in a body cavity and that a body cavity search is
necessary in order to find or seize the contraband, the institutional head may authorise in
writing a body cavity search to be conducted by a qualified medical practitioner, if the
inmate’s consent is obtained.
1.(h) Exceptional Power of Search
Where the warden or officer in charge is satisfied that there are reasonable grounds to
believe that:
(a) there exists, because of contraband, a clear and substantial danger to human
life or safety or to the security of the prison, and
(b) a frisk search or strip search of all the inmates in the prison or any part thereof
is necessary in order to seize the contraband and avert the danger,
the warden may authorise in writing such a search be conducted by a staff member of the
same sex as the inmate.
1.(i) Times/Frequency of Searches of Inmate Quarters
Searches shall be conducted on a regular basis of all common and program areas to which
inmates have access.
The schedule of the searches will be determined by the warden and will not, on a regular
basis, include the room, cell or property of an inmate. These are subject to search only
when the re are reasonable and probable grounds to believe the inmate is in possession of
contraband, or upon the authority of the warden.
Each officer shall search the living units/cells at least once per month and complete a
form verifying the search. Officers shall frisk any inmate any time when he/she has
reason to believe contraband could be intercepted.
A new inmate shall conduct a thorough search of each individual cell prior to occupancy.
The purpose of this search is to ensure that the assigned area is clear of contraband.
Responsibility for contraband objects can then be more clearly allocated. It should be
noted that the standard applies to a single cell or room accommodation in a secure setting.
The intent of the standard cannot be realised in shared or group accommodation.
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2. Searches of Visitors
2.(a) Purpose
This policy establishes direction with respect to the searching of visitors to prisons, to
prevent and control incoming drugs, weapons or any other contraband which might pose
a threat to the safety and security of the institution.
2.(b) Warning About Searches
At each institution, a conspicuous warning shall be posted at the entrance to the lands and
at the entrance to the visiting area, stating that all visitors and vehicles at the institution
are subject to being searched.
Visitors entering a prison shall be provided with a “visitor’s guide”, which shall inform
them of the types of items which may constitute “contraband”, and, among other things,
that they may be subject to a search.
2.(c) Definitions
Pat search - a hand-held screening device or the hands of the staff member are run over
the clothing of the person being searched. Pockets, folds, etc. may be turned out.
Objects in possession of the person may also be searched either manually or with the
hand-held screening device.
Skin-search - a visual inspection of a partially or fully unclothed person. This includes
visual checks of body cavities.
Body cavity - the rectum or vagina.
Body cavity search - the physical probing of a body cavity, in the prescribed manner.
Frisk search (a) a manual search, or a search by technical means, of the clothed body, in the
prescribed manner, and
(b) a search of:
(i) personal possessions, including clothing, that the person may be
carrying, and
(ii) any coat or jacket that the person has been requested to remove.
Strip search (a) a visual inspection of the naked body, in the prescribed manner, and
(b) a search of all clothing, things in the clothing and other personal possessions
that the person may be carrying.
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2.(d) Persons Subject to Searches
A staff member may conduct a frisk search of a visitor when the staff member suspects
on reasonable grounds that the visitor is carrying contraband or carrying other evidence
relating to a disciplinary or criminal offence.
Persons coming onto the grounds of a prison, their vehicles and the articles of property in
their possession may be subject to a demand for a search to the degree necessary to
ensure institution security and prevent the introduction of contraband.
All searches shall be conducted in a manner and location that is sensitive to the privacy
and personal dignity of the person being searched.
2.(e) Consequences of Discovering Contraband
Visitors shall be advised of the potential consequences in the event contraband is
discovered while a search is being conducted. Those consequences may include:
(i) Denial of open visits
(ii) Denial of visit and escort off grounds
(iii) Detaining visitor until police are contacted and possibly being charged with a
criminal offence
(iv) A temporary or permanent loss of visiting privileges
2.(f) Refusal to Submit to a Search
If the visitor refuses to submit to the search, an open visit may be denied. The visitor
may be escorted off the grounds or, if facilities allow, a secure visit may be offered.
2.(f)(i) Withdrawal of Consent
If, at any time when the search is being conducted, the visitor withdraws consent, the
search will be terminated.
2.(f)(ii) Consequences of a Refusal to Submit to a Search
Refusal to submit to a search does not in itself constitute grounds for future searches or
future denial of visits.
2.(g) Pat Search
A staff member of the same gender should generally conduct a pat search. If none is
available, the pat search may be conducted by a staff member of the opposite gender, in
the presence of a second staff member.
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2.(h) Skin Search
Where reasonable grounds exist to believe that a specific visitor may be in possession of
contraband, that visitor may be subject to a skin search in order to be approved for an
open visit.
2.(i) Same Gender to Conduct Skin Search
Skin searches of visitors shall only occur when staff members of the same gender are
available to conduct the search. At no time shall a staff member of the opposite gender
be involved in the conducting of, or observation of a skin search. Where no staff member
of the same gender is available to conduct the skin search, the open visit may be denied.
2.(j) Grounds for Skin Search
Reasonable grounds for the belief that a visitor may be in possession of contraband must
be based upon specific objective facts in conjunction with rational inferences drawn from
those facts which are consistent with good judgement and experience.
Factors to be considered include:
(i) The nature of information received; e.g. date, time, location,
persons involved, type of contraband, etc.(ii) The reliability of the information;
e.g. the identity of the informant, whether the previous information has been
valid, etc.
(iii) The degree of corroboration; e.g. whether the information is consistent with
known facts, whether other sources supplied similar information, whether the
informant has a reason to provide false information, etc.
(iv) Other facts contributing to the suspicion; e.g. personal observations, results of
searches of either the subject inmate or visitor, history of contraband smuggling
attempts by the inmate or visitor, etc.
2.(k) Authorisation to Conduct a Skin Search
No skin searches shall take place unless:
(a) the prison warden or designate authorises the search;
(b) the visitor is informed in writing of the grounds for the search;
(c) the visitor consents to the search and signs the appropriate consent form; and
(d) a staff member of the same gender as the visitor is available to conduct the
search.
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2.(l) Search of Minors
Exceptional sensitivity shall be maintained when searching minors, particularly those
under 12 years of age. In the case of toddlers and infants, the parent(s) or guardian(s)
shall do the check under the direct visual supervision of the officer(s).
2.(m) Search of Vehicles
A staff member may, in the prescribed manner, conduct routine searches of vehicles on
prison property, without individualised suspicion, in the prescribed circumstances, in
which circumstances must be limited to what is reasonably required for security
purposes.
A staff member who believes on reasonable grounds that contraband is located in a
vehicle on prison property in circumstances constituting an offence may, with prior
authorisation from the warden, search the vehicle.
Where a staff member believes on reasonable grounds that the delay is necessary in order
to comply with the prior authorisation requirement and would result in danger to human
life or safety or the loss or destruction of the contraband, the staff member may search the
vehicle without prior authorisation.
2.(n) Searching Items of Religious Significance
Particular sensitivity should be used when searching items of religious significance (e.g.
turbans, sacred bundles, ceremonial pipes, etc.) Many such items should not be handled
by staff, but can be searched by having the visitor handle them while being observed by
staff.
2.(o) Conducting Skin Search Procedures
The purpose of the skin search is to discover contraband. The order in which the skin
search shall be conducted is as follows:
1. The visitor shall be required to remove all articles from pockets. Staff shall
inspect all articles.
2. The visitor shall then completely disrobe. Staff shall inspect and seat each article of
clothing. Particular attention shall be paid to the seams, cuffs, hatbands, gloves,
shoes, linings, pockets, and other likely places for the concealment of contraband.
3. Staff shall:
(a) request the visitor run his/her hands through his/her hair;
(b) visually check the visitor’s mouth;
(c) visually inspect the front of the visitor’s body and request the visitor to
lift breasts or testicles;
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(d) request the visitor turn and visually inspect his/her back;
(e) request visitor raise arms and visually inspect armpit area;
(f) request the visitor spread legs and bend forward from the hips and
visually inspect body orifices; and
(g) request the visitor lift each foot and visually inspect the soles of the
feet and between the toes.
At no time shall the visitor be left standing uncovered prior to or following the search
procedure. The visitor shall be provided with a clean gown (male or female) or
underwear (male) to preclude unnecessary embarrassment.
2.(p) Power to Seize
A staff member may seize contraband, or evidence relating to a disciplinary or criminal
offence, found in the course of a search conducted, except a body cavity search or as a
result of an X-ray.
A medical practitioner conducting a body cavity search may seize contraband or evidence
relating to a disciplinary or criminal offence found in the course of that search.
2.(p)(i) Reports Relating to Searches and Seizures
Reports for searches conducted, and for seizing items in the course of those searches,
must be filed where required.
3. Searching Staff Members
A staff member may conduct routine non-intrusive searches or routine frisk searches of
other staff members, without individualised suspicion, in the prescribed circumstances,
although circumstances must be limited to what is reasonably required for security
purposes.
When a staff member believes on reasonable grounds that another staff member is
carrying contraband or carrying evidence relating to a criminal offence and that a frisk
search or strip search is necessary to find the contraband or evidence, the staff member
may detain the other staff member in order to:
(a) obtain the authorisation of the institutional head to conduct a frisk search or
strip search, or
(b) obtain the services of the police; and
where the staff member satisfies the institutional head that there are reasonable
grounds to believe that the other staff member is carrying evidence relating to a
criminal offence and that a frisk search or strip search is necessary to find the
contraband or evidence, the institutional head may:
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(a) authorise a staff member to conduct a frisk search of the other staff member,
or(b) authorise a staff member of the same sex as the other to conduct a strip
search of that other staff member.
A staff member who is detained for search purposes shall:
(a) be informed promptly of the reason for the detention, and
(b) before being searched, be given a reasonable opportunity to retain and instruct
counsel without delay and be informed of that right.
J. CELL ENTRY AND EXTRACTION
1. General
The intent of this policy is to establish a standardised approach for the removal of violent
or potentially violent inmates from cells or other areas that will maximise the efficiency
of the process and minimise the risk of injury to the inmate or staff.
2. Establishment of Cell Entry and Extraction Teams
The prison warden shall develop standing orders that address the creation of cell entry
and extraction teams (CEE teams) as an adjunct to, or part of, the prison’s established
tactical squad.
3. Deployment
CEE teams will only be deployed when all other less forceful means of achieving
compliance have been unsuccessful or are impractical in the circumstances. Deployment
should only occur in those cases where the inmate is in a position to inflict self-harm,
harm others or significantly disrupt operations.
4. Warning
Prior to deploying the CEE team, the warden or officer in charge shall inform the inmate
that further non-compliance will result in deployment of a cell entry team.
5. Team Composition
CEE team members will be properly trained and capable of carrying out their assigned
duties. The minimum number of members on a team is four.
1. Team leader- one
2. Video recorder-one
3. Tactical members -minimum two
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6. Equipment
Each member of the CEE team will be provided with, and will wear, riot equipment,
which shall include:
(i) Helmet and visor
(ii) Coveralls
(iii) Groin protectors or body armour
(iv) Shin pads
(v) Gloves
Other items may be optional.
7. Briefing
Prior to deployment, the team leader shall ensure that each member is:
(a) properly equipped,
(b) briefed regarding the situation and inmate background,
(c) briefed on the tactics to be employed, and
(d) capable of carrying out his/her required duties.
8. Area Preparation
The unit or area to be entered should be on “lock down” or vacated by all inmates not
involved in the situation.
9. Preparation of Destination
The destination and route shall be determined, cleared, and secured prior to deployment.
10. Procedure
All actions beginning with the briefing and continuing until the inmate is released at the
new destination are to be video taped with the time counter operating to show fully the
extent and continuous duration of the incident.
The team leader shall position other team members outside the cell or area to be entered
in a manner that facilitates the entry method to be employed.
The inmate shall be instructed to:
1. Cease all non-compliant behaviour
2. Surrender all weapons
3. Dismantle/remove any barricades
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4. Assume a position of submission:
(i) on knees
legs crossed
hands behind back, fingers locked
or
(ii) prone on floor
legs spread apart
hands behind back, fingers locked
The inmate shall be advised that:
(i) Following assumption of the position of submission, the inmate will be:
(a) handcuffed
(b) searched; and
(c) moved to the designated location.
(ii) No force will be used should the inmate remain cooperative
(iii) Failure to comply with the instructions will result in the use of force which
may include the use of a chemical agent
(iv) Risk levels may be higher under certain conditions; i.e. inmate’s asthma,
contact lenses, heart conditions, etc.
All instructions and warnings to the inmate shall be made in a calm and non-threatening
manner. They should be repeated and attempts should be made to ensure the inmate has
heard and understands the warning.
11. Inmate Compliance
If the inmate complies with the instructions, the team will enter the cell in the predetermined order. The inmate will be handcuffed, searched and escorted to the predetermined destination.
12. Inmate Fails to Comply
If the inmate fails to comply with the instructions given, the team will enter the cell in the
pre-determined order and employ the “take down” strategy outlined by the team leader.
Generally this would involve the use of a chemical agent as opposed to other forms of
physical force. Batons should only be used when all lesser means of force have failed,
are impractical or where there are probable grounds to believe the inmate has a weapon.
No force will be used as long as the inmate follows instructions and remains compliant.
The inmate will be taken down to the prone position using the minimal degree of force
required to do so.
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13. Secure Escort
To ensure compliance during the escort, the inmate shall be walked backwards with one
team member on each side with a third member walking behind, facing the inmate, with
the chemical agent in the “ready” position.
14. Chemical Agent
If a chemical agent is deployed, decontamination should occur as soon as is practical
following application.
15. Removal of Restraints
Once the inmate is placed in the new destination, restraints may be removed at the
discretion of the team leader.
This will include a further search of the inmate and a replacement of the inmate’s
clothing.
16. Reports
The team leader shall prepare a report in each situation where the cell entry and
extraction team was deployed. The written report shall be submitted along with the
videotape of the incident and, when a scribe is used, the notes prepared by the scribe.
K. SECURITY ESCORTS
1. General Comments
The purpose of this section is to set out institutional policies and procedures governing
the secure escort of inmates.
2. Ratio of Officers to Inmates
The number of escort officers required to perform security escorts should be as follows:
(i) One officer may escort up to four inmates being transferred to minimum
security institutions
(ii) One officer may escort up to two inmates on medical temporary absences if
the inmates are on an unescorted temporary absence program
(iii) Transfers from higher security institutions shall normally be two officers and
up to four inmates
(iv) Transfers to higher security institutions shall be no less than two officers and
up to four inmates
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(v) Security escorts such as medical and outside court from the institution shall
normally be per formed by two officers ratio to three inmates
(vi) Security escorts on commercial aircrafts will normally be one to one when
transfers are to higher security
3. Restraint Equipment
The escort officer, in consultation with the correctional supervisor in charge, shall decide
what restraint is required, but the following will normally apply:
1. Inmates being transferred to minimum security institutions shall not be
restrained.
2. Inmates being transferred to minimum security institutions in caged security
vehicles shall not normally be restrained.
3. Inmates being transferred to higher security institutions will normally be
handcuffed and leg ironed.
4. Inmates being transferred to higher security institutions for reasons of violence
shall be placed in the regional body belt and leg irons
5. Inmates being transferred to higher security institutions on commercial aircrafts
will normally have handcuffs removed while the aircraft is in the air. The captain
of the aircraft has the authority to order restraint equipment left on.
6. On medical temporary absences, two sets of restraint equipment shall be
mandatory except for inmates on approved unescorted temporary absence
programs or other pre-release programs. Upon the inmate’s arrival at the medical
centre, if an upper body examination is to be done, then the leg irons will remain.
If the examination is to the lower body, then handcuffs are to be retained.
Gas and firearms shall be carried with the authority of the warden.
4. Transportation
A caged vehicle with two-way radio and phone capabilities shall normally carry out all
security escorts.
The driver of the escort vehicle shall be considered in the ratio of officer to inmate.
Firearms and gas shall not be left unattended in vehicles.
The security escort vehicle shall be searched prior to and after each escort.
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5. Briefing
All escort officers shall report to the supervisor in charge for briefing prior to proceeding
on escorts.
Particular attention shall be paid to past escapes , sentences for violence, amount of time
to serve and past and present outside residences.
6. Documents
Escort officers shall ensure that all required documents are taken with escorts.
L. EMERGENCY TRANSFERS
(For other kinds of transfers, and transfer procedures, see I ADMINISTRATION.
For transfers of juveniles, see II CASE MANAGEMENT)
1. General
Inmate transfers between prisons should be kept to a minimum.
If, in the prison warden’s opinion, the security of an open or community correctional
centre is in immediate jeopardy, or the safety of the staff, the inmates, or the community
is threatened by the conduct of an inmate, the warden may transfer that inmate to the
nearest secure prison. He/she will advise the secure centre by telephone before the
inmate arrives. The warden will arrange for a written report of the incident to be placed
in the progress file, and for a copy of the report to be sent to the warden of the receiving
prison within twenty-four hours.
A medical emergency may make an emerge ncy transfer necessary. In that case, the
prison warden will send copies of the report and the progress file to both the warden of
the receiving institution and the senior medical officer.
An emergency exists when an inmate requires immediate medical care and cannot be
moved to a community hospital, or requires higher security than is locally available to
reduce the risk of a potentially serious threat to him/herself or others. The receiving
institution will be notified in advance that the transfer is occurring.
When an emergency transfer must be made, the correctional centre director shall
authorise the move and notify the director of the receiving centre. The nature of the
emergency shall be recorded in the progress log. If time does not permit a progress log
entry to be made, the director will communicate the nature of the emergency in writing to
the director of the receiving institution within twenty-four hours of the transfer.
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2. Transfer Summary
When an inmate is transferred, a transfer summary shall be entered on the progress log
indicating the reason for the move, the inmate’s general attitude and behaviour, time
spent in custody, legal status, any security alerts to watch for and the reasons for the
security alert(s).
M. CONTROL OF KEYS
1. General Comments
The objective of this policy is to set forth specific guidelines and regulations for the issue,
storage, identification and control of keys.
2. Locks
All doors leading to the outside, except main entry doors, shall be kept locked except as
required for special purposes, such as fire drills and special, approved program needs.
Main entry doors shall be secured at 2200 hours daily and re-opened at 0700 hours the
next day. The coordinator of the shifts arriving and leaving should verify that all keys are
in place.
All security perimeter entrances, control centre doors, tier doors, all doors opening into a
corridor, and gates shall be kept locked except when used for admission or exit of staff,
inmates and/or visitors, and in an emergency. All emergency doors shall be unlocked,
released, and opened at least once per shift to ensure against malfunction or destruction.
They are to be used for emergency purposes only.
3. Security Classification
All keys shall be given classification as defined below. All keys shall be identified in this
policy as security, semi-security, and non-security keys.
Security key - any key, that if lost, would jeopardise the security of the institution.
Semi-security - a key that an inmate is allowed to possess to secure institutional property,
such as to secure laundry or canteen. A security key or an electrical panel that an officer
would control must cover this type of key.
Non-security key - a key that would have no effect on the security of the institution if
lost, (i.e. inmate hobby tools). Duplicate keys would be available to security for frisking
purposes.
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4. Register
The warden shall designate a person who shall be responsible to ensure that an up-to-date
register is kept of all locks in the institution which will contain the following:
(i) Location of the lock
(ii) The number of the keys
(iii) The location of each key safe and peg number, individual key ring
(iv) Pinning code
(v) Security classification of the key
Staff shall be issued key tags with their name engraved and will be issued keys only upon
exchanging the tag for the key.
Officers assigned to the issuing of keys from key safes shall be thoroughly familiar with
their duties and shall follow instructions.
5. Authorities
The designated person as noted above shall be responsible for the control, issue and
cutting of all keys.
6. Access to Key Room
During the hours the prison is open, the designated person will control access to the key
room. During the hours the prison is closed, the officer in charge shall have access to the
key room. The seal to the safe in the gate house control room containing the armoury key
will be broken and replaced with one from the envelope in the same safe. Each time
access is gained, a memo giving reasons will be written by the officer in charge to the
designated person responsible.
7. Transfer of Keys
Keys being transferred from one officer to another shall be passed by hand. The officer
receiving the key shall give the key back to the safe as soon as possible. Under no
circumstances shall keys be thrown or slid on floors.
8. Return of Keys
All security and semi-security keys shall be turned in on a daily basis to the appropriate
key safe.
9. Inspections
A designated individual carries out monthly inspections of security locks and keys and
writes a report.
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Officers and staff in charge of posts and work areas where key safes are housed shall be
responsible for ensuring the following:
(i) The issue and control of keys shown on the inventor y list posted in the security
key safes
(ii) Taking inventory of the keys under his/her charge in the presence of
the officer when assuming duty
10. Inmate Authorisations
Inmates shall not, under any circumstances, be allowed to handle security keys.
Cell keys which allow inmate cell access shall be issued.
11. Lost, Missing or Damaged Keys
Any and all keys lost, missing or damaged shall be immediately reported to the officer in
charge. A detailed report shall be completed.
N. TOOL CONTROL
1. General
The purpose of this policy is to outline procedures and policies for tool and equipment
control.
Tools - shall include any portable, manufactured instrument which in general terms could
be utilised to effect an escape, cause property damage, or be held out to threaten or harm
personnel.
2. Identification
Each division or section within the prison shall be issued an identification to be stamped
on each tool and small equipment in their possession.
Each tool shall be assigned one of the following security classifications.
2.(a) Non-Restricted (Class N)
Non-restricted tools are used daily and are not usually expected to be used in any
dangerous or illegal way.
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2.(b) Restricted (Class R)
Restricted tools are those most likely to be used in an escape attempt or in any dangerous
or illegal way. Class “R” tools shall be distinctively colour-coded with a blue marking.
2.(b)(i) Hobby Craft Tools
All hobby craft tools that specifically relate to a hobby shall be authorised for an inmate’s
use by the institutional head. All tools referred to above shall be strictly controlled. The
inmate shall publicly display a permit authorising use on his/her cell wall.
3. Issue of Tools
Tools shall be issued by and to persons authorised by the warden only and a record shall
be made of the transaction. Upon receipt, the care and custody of the tool(s) shall be the
responsibility of the receiver and must be returned to the storage area as soon as possible
after use.
Restricted tools may be issued to inmates a nd staff for daily use but must be accounted
for and secured at the end of each work period.
4. Inventory
All tools shall be registered and marked for inventory purposes, and all tool control
centres shall carry inventory lists of tools both in use and in storage.
5. Storage of Tools and Equipment
All tools shall be stored in the proper tool crib, cupboard, or shadow board. According to
the classification of the tool and the amount of security required for its safekeeping, it
shall be the responsibility of each shop, department or activity to ensure that all tools and
equipment in use in their area or assigned to their area are stored in the proper manner.
6. Classification
Tools that are restricted to one specific area shall be colour-coded to denote their
authorised location.
7. Storage and Disposal
Tools deemed no longer serviceable shall be withdrawn from use and held in storage until
condemned and disposed of in a manner determined by the warden.
Upon receipt of new tools or the disposal of condemned tools, inventory adjustments
shall be made immediately.
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8. Missing or Lost Tools
When a tool or piece of equipment is missing or lost, the responsible officer shall:
(a) notify the prison officer in charge immediately,
(b) make a complete search of the area for the missing tool or equipment, and
remain in the institution until the tool is found or staff is discharged by the officer
in charge, and
(c) complete a form entitled “Missing Tool Action Report”.
9. Loaning of Tools and Equipment
No tools or equipment shall be removed from the institutional property without written
authorisation of:
(i) Division head concerned in the case of such items removed for the purpose of
being used for institutional purpose or duly authorised loans
(ii) By the divisional head concerned, for such items being forwarded for repairs,
exchange or renovation
O. CONTRABAND
1. General
The purpose of this policy is for staff to identify procedures for control and storage of all
contraband.
Contraband (a) any article whose possession is prohibited by law
(b) any article not authorised by the prison warden
(c) all monies not authorised by the prison warden
The unauthorised possession of a ‘dangerous substance’ shall also constitute contraband
material and shall be considered a breach of prison policy. (For a definition of
‘dangerous substance’ see below.)
2. Confiscation
Contraband shall be confiscated and, upon the authority of the warden, shall be dealt with
by one of the following means:
(i) Placed in inmates’ effects
(ii) Returned to owner, if other than inmate
(iii) Placed in a protected setting for future disposal
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All contraband must be properly tagged and sealed in plastic when possible.
Drugs and weapon contraband may be placed in the contraband vault.
An appropriately designated person on a daily basis shall pick up contraband from the
contraband boxes during the normal work week. All contraband shall be recorded and
stored in vaults provided.
Monthly meetings shall be conducted for the disposition and disposal of contraband.
P. CONTROL OF DANGEROUS SUBSTANCES
1. General Comments
The goal of this policy is to outline the procedures for the storage, issue and use of
dangerous substances.
1.(a) Definition of ‘Dangerous Substances’
1.(a)(i) Alternative 1
A ‘dangerous substance’ can be defined as any substance which may pose a threat or
potential threat to security and the safety of staff and inmates. Examples of dangerous
substances are:
(i) Gasoline, kerosene, diesel fuel or other flammable liquids
(ii) Cleaning agents which contain acids or caustic ingredients such as lye
(iii) Toxic chemicals such as weed sprays, insecticides
(iv) Toxic substances used for pest control
(v) Other substances which may pose a threat to security and safety of inmates
1.(a)(ii) Alternative 2
‘Dangerous substance’ means any fluid, powder or mixture which under certain
conditions will burn, scald, poison, explode, intoxicate or in any way prove harmful to
persons or property, and shall include:
1. Paints
2. Thinners
3. Cleaning fluids
4. Gasoline
5. Kerosene
6. Fuel oil
7. Oils
8. Acids
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9. Glue
10. Special inks
11. All caustic substances
12. Inflammable liquids
13. Defoliants
14. Herbicides
15. Fungicides
16. Insecticides
17. Fertilizers
18. Anti-freeze
19. Gestentner fluids
2. Storage
All dangerous substances held for use by institution staff or contractors must be stored in
safe, secure areas and in proper, approved containers. Staff in each area storing, issuing
or using dangerous substances shall be responsible for the security of such substances.
Accurate records must be kept which record the type, quantity, date, time and name of the
person receiving to ensure proper control of such substances.
3. Issue and Use
Dangerous substances shall be issued to authorised staff only. Inmates should use
dangerous substances only under the direct supervision of authorised staff. The officer
responsible for inmates who are actually engaged in work where these substances are
necessary shall issue the substances. Only the minimum quantity sufficient to meet the
requirements of the task, and no more than can be used during each period of work, shall
be issued at any one time. Wherever possible, these substances shall be prepared f or use
and used under the direct surveillance of an officer. It is the duty of every officer to be
on the alert for any signs of improper use or control of any dangerous substance.
4. Stocks and Storage
Stocks of dangerous substances required in the nor mal operation of any department shall
be limited to quantities sufficient only to meet specific needs. When no longer required,
such materials shall be removed from the user’s department to a secure centralised
storage area.
Dangerous substances, when not in use, shall be kept locked in an appropriate receptacle
within the user’s department. Only by members of the staff shall retain the keys.
5. Self-Contained Breathing Apparatus
5.(a) Objectives
The objectives of this policy are to ensure that:
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(a) all prisons that generally utilise locking doors, gates and barriers for the
control of inmate movement shall acquire and have available for use, by trained
staff, suitable types and numbers of units of self-contained breathing apparati and
related equipme nt;
(b) open custody facilities, including centres which use cells or locked rooms only
for brief or temporary holding or restraint purposes, are exempted from this policy
unless the standing orders for the centre require staff to enter smoke -filled
buildings for the purpose of rescuing/removing inmates or fellow staff; and
(c) any institution meeting the criteria stated in policy (a) above, but which, due to
unique local circumstances, can make a case for exemption may be exempted
from this policy.
5.(b) Purpose of Equipment
The presence and use of a self-contained breathing apparatus is for the purpose of
enabling access to smoke -filled areas or areas containing toxic emissions harmful to
health.
5.(c) Instances for Use
This access is for rescue pur poses or for the purpose of removing inmates prior to the
entry of professional fire fighters.
5.(d) Initial Training of Officers
Officers using self-contained breathing apparati shall be trained to a standard satisfactory
to the local standards as set out.
Following initial training, self-contained breathing apparatus on-site trainers require retraining and re-certification every two years.
5.(e) Refresher Training
Officers using the equipment require refresher training on a monthly basis. The intent of
refresher training is to ensure that staff are continuously familiar with breathing apparati
and related equipment.
Refresher training shall include the donning of apparati and related equipment, operating
equipment briefly, and removing, cleaning and returning equipment to its appointed
place.
In addition to the monthly training, officers shall receive on an annual basis, refresher
training that shall include a respirator facial fit test, a blind test practicum, and a written
(pass/fail) test.
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Officers who fail the written test shall be considered de -certified until such time as they
are able to pass the test.
5.(f) Training Records
Each prison bound by this policy shall establish a records system dedicated to the training
program. All training shall be recorded in this system.
A complete training record system for each officer shall be maintained, and shall include
a master record and an individual record.
The individual record shall contain information relating to the amount and type of
training provided to each officer as well as the actual time the officer uses the equipment
for respiratory protection.
The designated training officer or safety training officer shall maintain the records. The
individual training records shall provide the necessary information to the master training
records kept by the training division or the centre as dictated by prevailing practice.
Officers chosen from current staff for training and certification in the use of self contained breathing apparati shall be physically fit and able to wear a respirator. Where
doubt exists as to the level of fitness or ability to wear a respirator, medical advice shall
be sought from a physician knowledgeable about the work and conditions of work in
correctional centres. The physician shall submit a report indicating whether the officer is
fit and able to wear a respirator.
5.(g) Availability of Officers
Each prison bound by this policy (or identifiable unit therein) as local circumstances
dictate, shall establish and maintain a pattern of staffing adequate to ensuring that there
are staff trained in the use of self -contained breathing apparati on site at all times.
Officers not trained or not currently certified to use self-contained breathing apparati
shall not, under any circumstances, attempt to use self-contained breathing apparati for
any purpose other than participation in approved training.
Officers who are not equipped with, nor actively using, self-contained breathing apparati
and who are exposed to smoke or toxic emissions shall exit areas of exposure and shall
not return until the possibility of dangerous exposure has passed.
5.(h) Proper Use of Equipment
Officers who are trained and currently certified to use self-contained breathing apparati
shall only use equipment that is stored and maintained in keeping with prison service
policies as well as prevailing standards or directives supplied by the manufacturer, local
compensation boards and standards associations.
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5.(i) Officers to Work in Pairs
Officers using self-contained breathing apparati shall work in pairs or larger numbers,
and shall maintain communication (visual, voice, or physical contact) at all times.
5.(j) Oral Communication
Oral communication while wearing a respirator is often necessary to perform specific
tasks. However, movement of facial features while talking may adversely affect the seal
of the face piece. Use of various types of mechanical and electronic speech transmission
devices available may minimise the possibility of face piece leakage when the user is
speaking.
When a mechanical speaking diaphragm is part of the barrier between the respirator
wearer and the ambient atmosphere, it shall be frequently inspected for leakage and shall
be protected from puncture or rupture.
Respirators with electronic speech transmission devices having an electrical power
supply shall be intrinsically safe and approved for the specific hazardous atmosphere in
which they are used.
5.(k) Acquisition of Equipment
Each prison shall acquire self -containe d breathing apparatus units and related equipment
(fire-resistant overalls, gloves and helmets) in numbers satisfactory to local standards.
Self-contained breathing apparatus units and related equipment shall be kept in locations
selected for quick accessibility, high visibility and security from tampering.
Each prison requiring self-contained breathing apparati shall establish a program of
regular maintenance of all equipment.
The maintenance shall comply with all recommendations furnished by equipment
manufacturers and/or vendors as with local requirements, and shall include a replacement
of air in all cylinders on a minimum of once in each three month-period unless otherwise
specified by the equipment manufacturer.
Q. CONTROL OF WEAPONS/CHEMICAL AGENTS
1. General Comments
The objective of this policy is to outline to all correctional officer staff the procedures for
the control of weapons, ammunition and chemical agents on armed posts, institutional
property, and when in storage in the armoury.
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2. Armoury Access
During the hours the prison is open a person designated by the warden will control access
to the armoury.
During the hours the institution is closed, only the prison officer in charge may enter the
armoury. Each time a memo giving reasons for access will be written.
3. Inventory
An inventory of all firearms, ammunition and chemical agents will be maintained and
inventory cards will be checked monthly (i.e. the state of repair of each weapon and the
expiry date of the gas, to ensure that weapons and gas are repaired or replaced when
necessary).
4. Removal Record
Separate logbooks shall be maintained for the removal of firearms, ammunition and
chemical agents from the armouries.
Any weapon or chemical agent taken out of the armoury shall be entered in the ledger
provided at the armoury giving the date, type and make of weapon or chemical agent,
serial number, name of person issuing the weapon or chemical agent and the purpose for
which it has been issued.
5. Armed Posts
Officers assigned to an armed post shall log type of weapon, serial or weapon control
number, and type and amount of ammunition issued to him/her.
Weapons being returned to the armouries will be carefully checked for serial or control
numbers, ammunition counted and verified against amount issued, and properly
receipted.
6. Training Required
No officer shall be issued with a weapon unless he/she has been trained in its use. An
up-to-date list of officers holding a “currently qualified” status shall be posted in the
armouries.
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R. WEAPON LOADING/UNLOADING
1. General Comments
The goal of this policy is to provide direction to staff for the safe loading and unloading
of firearms.
Firearm discharge receptacles shall be provided for the loading and unloading of firearms
and shall be located at the principal entrance area, armouries, and all static armed posts.
S. FIRE PROTECTION SYSTEMS
1. Fire Protection Equipment
The warden of every institution shall ensure that the following fire protection systems
and equipme nt are inspected, tested and maintained in accordance with fire code
regulations:
(i) Emergency lighting
(ii) Fire detection, alarm and fire fighting equipment
(ii) Emergency power
(iv) Exits
(v) Water supply
(vi) Structural fire resistance
2. Fire fighting Equipment, Planning and Procedures
The warden of every prison shall ensure that:
1. Adequate firefighting equipment is available, inspected regularly, and
maintained in a serviceable condition at all times.
2. There is a plan for fighting fires, including the evacuation of a building or part
of it. This plan should be developed in cooperation with the fire marshal of the
area.
3. All staff are fully familiar with the operation of the firefighting equipment and
fire fighting and evacuation procedures.
4. Keys to all emergency exits and to firefighting emergency equipment that may
be locked in storage facilities are immediately available. Such keys should be
easily identified, to avoid confusion during the emergency.
5. Practise fire drills or simulated fire drills are held at least twice a year.
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6. A fire drill record is completed after each fire record drill and a copy is
forwarded to the director, inspection and standards.
3. List of Firefighting Equipment and Alarm System
Required with the first fire drill report is a complete list of all firefighting equipment, the
alarm system and the location of each in the centre.
4. Notification
Serious fires are to be immediately brought to the attention of the regional director, or
his/her designate, the prison’s commissioner and the director, inspection and standards,
by telephone.
T. UNUSUAL INCIDENTS
Any discrepancies within the normal routine of the unit or any unusual behaviour on the
part of inmates shall be reported in writing to the prison officer in charge, outlining the
discrepancy, action taken and resolution of the problem. A copy of the report must be
provided to the prison officer in charge prior to the end of the shift in which the incident
occurred.
U. EMERGENCY SITUATIONS
1. Escapes and Prison Breaches
see also I ADMINISTRATION
1.(a) Definitions
Escape is defined as anyone who:
(a) escapes from lawful custody, or
(b) is, before the expiration of a term of imprisonment to which he/she was
sentenced, at large without lawful excuse, the proof of which lies upon him/her.
Prison breach is defined as anyone who:
(a) by force or violence breaks out of a prison with intent to set at liberty him/
herself or any person confined therein, or
(b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or
other place within a prison in which he/she is confined.
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1.(b) Plan of Procedure
Designate an officer to be responsible for coordinating the procedures in case of escape.
Designate the officer responsible for immediately notifying the local law enforcement
agency of the particulars of the escape, or breach.
Maintain an up-to-date list of all officers, with addresses and phone numbers, so that
off-duty staff may be called in if necessary.
Maintain a list of posts or stakeout positions to be manned. These posts or stakeout
positions may be assigned on a sector basis, depending upon the area surrounding the
prison. The procedure should ensure:
(a) that officers at assigned posts may only be removed by the officer in charge of
the search operation; and for relief and/or refreshments for officers manning posts
for more than two hours.
Have available a “code of instructions” for each post or stakeout position manned, giving
a map of the area- residents - locations of nearest phone, and any other information that
will assist the officer.
Have the armourer or other designated officer record the issuance of firearms, radios,
flashlights, batons, etc., to the officers dispatched on the search.
Have the records officer:
(a) notify the regional directors and the commissioner of the escape(s) or
breach, and
(b) prepare and forward escape or breach notices to law enforcement agencies,
and include in this notice information on:
(i) the remnant of sentence to be served; and
(ii) any self-hurt behaviour exhibited by the inmate while in custody.
Have all available officers report to the responsible officer.
Have an officer designated to inform the local law enforcement agency, and any other
agencies previously informed of the escape, when an escapee(s) has been apprehended by
the prison’s personnel.
If roadblocks are considered necessary or desirable, approval for them shall be obtained
from the local law enforcement agency.
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1.(c) Files
When an inmate escapes from a prison, his/her complete file(s) shall be forwarded to the
nearest records office and shall be clearly marked as an escape file with the date and time
of escape recorded.
2. Suppression of a Riot
2.(a) General Comments
The purpose of riot control action is, in order of priority:
1. To isolate the riot situation
2. To contain the riot situation
3. To terminate the riot situation
2.(b) Tactical Squads
Officers shall be assigned to tactical squads and trained in the methods of riot control,
and develop contingency plans for assistance from other agencies.
2.(c) Authority to Activate
Tactical squads shall be activated on the authority of the prison warden or his/her deputy,
or in their absence by the officer in charge of the prison. Once activated, officers are
under the direction of their tactical squad commander.
2.(d) Methods of Action
All methods of action employed in riot situation shall:
(i) Protect life
(ii) Prevent escape
(iii) Protect property
(iv) Allow inmates to surrender peacefully
(v) Take into custody parties to the riot
3. Hostage Taking
3.(a) Local Police Force
The warden or his/her delegate shall:
(a) immediately contact the nearest detachment of the municipal police force,
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(b) immediately maintain a ‘holding and containment’ action until the police can
be brought to the scene to act as negotiators and to assume responsibility for the
hostage situation, and
(c) maintain a close contact with the commander of the police forces at the scene
and provide resources and support where appropriate.
3.(b) Contingency Plans
The prison warden shall establish contingency plans which will allow for the necessary
and routine function of the prisons to be maintained.
Prison service personnel shall provide resources and decision-making capability to:
(a) support the police,
(b) define and contain, in consultation with the police commander, a perimeter
surrounding the scene, and
(c) provide background information regarding the perpetrator(s), hostage(s),
physical layout, etc.
4. Bombs and Bomb Threats
4.(a) General Comments
Bomb threat - a written or oral communication which indicates a destructive device is on
the premises.
Destructive device - any object capable of exploding and causing personal injury or
damage to property.
Safe zone - an area to which a destructive device may be safely removed and examined or
detonated.
While many bomb threats may be false and intended as frivolous or disruptive, each
threat shall be considered genuine until shown otherwise. Even in the absence of direct
information of a threat, staff should be alert to suspicious items or unusual circumstances
which might be reasonably considered a threat.
4.(b) Types
The most common types of bomb threats are:
(i) An anonymous telephone call warning that a bomb will explode at a
specific time (this may be made directly to the correctional centre, or
indirectly through a police detachment or other office)
(ii) An anonymously written note so saying
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(iii) Confidential information from an inmate advising he/she has been so
informed
4.(c) Responses- Telephone Threats
The officer receiving the call should keep the caller talking as long as possible in order to
determine the:
(a) specific location of the device,
(b) time set for detonation,
(c) type of explosive and potential damage,
(d) reason for this action, and
(e) characteristics of the caller.
The prison warden shall be notified immediately and in turn shall contact the local police
detachment for instructions and assistance in the search and investigation.
The prison warden shall assess the circumstances and determine:
(i) The search methods to be deployed
(ii) Whether evacuations are necessary
(iii) Adequate security and safety for search a nd evacuation
(iv) Appropriate instructions and advice to staff and inmates respecting search and
evacuation
Actions to be taken when written notes or letters, and confidential information are
brought to the attention of prison staff from an inmate shall perform the
following:
1. The officer receiving the note or information shall immediately notify the
warden.
2. The prison warden or officer in charge of the prison shall assess the
circumstances and determine whether action is required.
3. Written threats, including the envelope in which it was sent, should be handled
and preserved for evidentiary examination. A photocopy should be made to
restrict handling to one officer only. That officer should initial and date the time
of receipt.
4. Confidential information from an inmate shall be made the subject of a written
report by the receiving officer, and forwarded to the prison warden or officer in
charge of the prison.
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4.(d) Search and Locating
Extreme care must be exercised in conducting a search for explosive devices. Any
unusual or out of the ordinary item which creates suspicion should not be disturbed.
An area containing a suspicious item or suspicious circumstances shall be evacuated and
entry shall be prohibited.
The local police detachment shall be notified and the advice and services of that
detachment shall be obtained.
Explosive ordinance disposal expertise should be obtained through the police or the
armed forces.
5. Protection of Evidence in Critical Incidents
5.(a) General
Critical incidents - shall include suicides, assault, arson, wilful damage, escapes,
industrial and vehicle accidents.
5.(b) Responsibility
The initial responsibility of the first officer to attend the scene of a critical incident shall
be to render first aid, if required, until the arrival of a more competent person.
Next is the responsibility to protect all evidence relating to the incident. In order to do
this, it may be necessary to either:
(a) prevent other personnel from entering the site, or
(b) prevent other personnel from moving, touching or altering existing site
conditions.
5.(c) Evidence Matter
In all cases, adequate steps must be taken to protect such evidence matter as:
1. Footprints, fingerprints, and tire marks
2. Tools and tool marks
3. Weapons, blood stains
4. Personal property and clothing
5. Narcotics and drugs
6. Correspondence
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5.(d) Firearms
When a firearm has been discharged resulting in any injury or death, the firearm, upon
being returned to the armoury, shall be sealed for evidence and labelled with the
returning officer’s name, the return date and time and the receiving officer’s name, the
return date and time, and signature.
5.(e) Written Reports
Written reports shall be submitted by attending officers on all critical incidents. All
correctional centres shall develop and maintain written contingency plans detailing
responses and assigning responsibilities for responding to critical incidents.
V. YOUTH SECURITY, CONTROL AND SUPERVISION
1. Control Centre
All youth containment/detention centres shall maintain a control centre to provide order
and security.
Discussion:
A control centre is essential for integrating various security and
communicating systems. The centre should be staffed on a twentyfour hour basis and access to it shall be limited to authorised
personnel.
In camp settings, control centre staffing shall be determined by program requirement.
The control centre shall be responsible for:
(a) current information on youth population counts and distr ibution;
(b) key control;
(c) communication systems within the centre and with externally positioned
personnel;
(d) monitoring and recording visits; and
(e) any other responsibility assigned by the director of the centre for the
orderly operation of the program.
2. Communication Systems
At the beginning of each shift, the officer in charge of the shift shall ensure that the
security communication systems are tested, and malfunctions noted and immediate steps
taken to rectify malfunctions or provide temporary alternative means of communication
pending repair of the regular systems.
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Discussion:
The intent of the standard is to ensure that the systems upon which
staff rely for security communications are adequate for purposes
relating to the security, safety and welfare of staff and resident youths
alike.
3. Safety Systems
The director of every institution and youth centre shall ensure that the following fire
protection systems and equipment are inspected, tested and maintained in accordance
with fire code regulations:
(i) Emergency lighting
(ii) Fire detection, alarm and fire fighting equipment
(iii) Emergency power
(iv) Exits
(v) Water supply
(vi) Structural fire resistance
4. Security Checks
All bars, windows, locks, walls, floors, ventilation covers, glass panels, access plates,
protected screens, doors, emergency alarm systems, and other security facilities shall
be subject to a daily visual check for operational wear and tampering by resident
youths. The results of these inspections shall be noted in the unit log and exception
reports shall be submitted in writing to the officer in charge or director.
Discussion:
It is necessary that inspections be performed on a scheduled basis and
that the results be recorded in a formal manner. Any defective security
equipment should be replaced immediately. Such inspections should
be scheduled so as not to form a set and predictable routine.
An exception report is prepared when signs of inmate tampering or unacceptable wear
are noted in the visual examination.
On a weekly basis, all bars, windows, locks, walls, floors, ventilation covers, glass
panels, access plates, protected screens, doors, emergency alarm systems, and other
security facilities shall be subjected to a rigorous physical examination in order to ensure
structural integrity and to confirm the results of the daily visual examination. The results
of these inspections shall be noted in the unit log, with exception reports to the officer in
charge or director of the centre.
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Discussion:
The weekly physical examination, as opposed to visual inspections,
shall involve the officer physically testing the security systems and
communications components listed in the standard.
5. Security Systems
All security perimeter entrances, control centre doors, unit doors, gates and all doors
opening into a corridor, shall be kept locked except when used for admission or exit
of staff, inmates and/or visitors, and in an emergency.
Discussion:
The standard assumes certain exceptions such as sleeping room doors
in periods during which resident youths are not confined in their rooms
and enjoy authorised access to the adjoining areas(s). The standard
affirms that vacant, unassigned sleeping rooms should remain locked
and beyond the routine access of resident youths.
6. Searches
A search shall be made of each individual room prior to the occupancy by a new youth.
Discussion:
The purpose of any search is to determine that an area is free of
contraband. Responsibility for contraband objects can then be more
clearly allocated.
For all secure custody centres, a visual inspection of each youth confined to a room or
dormitory and the area immediately surrounding each housing unit shall be conducted by
staff of the youth custody centre at intervals not to exceed one half hour, and more often
as required, when youths are confined to their individual housing units.
Discussion:
It is imperative that staff be aware of what is happening in their
particular area of responsibility. The major emphasis for such
knowledge should be the well-being of the youths under their care and
control. These inspections should be at irregular intervals so as not to
form a set and predictable pattern.
For all open custody centres, a visual inspection of each youth confined to a room or
dormitory and the area immediately surrounding each housing unit, shall be conducted by
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staff of the youth custody centre. This shall occur at intervals not to exceed one hour,
and more often as required, when youths are conf ined to their individual housing units.
Discussion:
It is imperative that staff be aware of what is happening in their
particular area of responsibility. The major emphasis for such
knowledge should be the well-being of the youths under their care and
control. These inspections should be at irregular intervals so as to
form a set and predictable pattern.
Searches shall be conducted on a regular basis of all common and program areas of the
youth containment/detention centre to which youths have access.
Discussion:
The purpose of the search is the detection and seizure of contraband
objects. The schedule of the searches will be determined by the
director and will not, on a regular basis, include the room or property
of a youth which are subject to search only where there are reasonable
and probable grounds to believe the youth is in possession of
contraband, or upon the authority of the director.
7. Counts
Total youth population identification and count shall be made at the commencement of
each regularly scheduled shift and on at least three other occasions during the shift. The
results shall be recorded in writing at the control centre. The record will also identify the
staff member responsible for the entry.
Discussion:
The count procedure should not unduly delay or disrupt program
activities. Staff who will be responsible for youth supervision should
conduct it. Where accounting is made of sleeping or motionless
youths, evidence of life must be forthcoming. All counts shall take
into consideration resident youths who are temporarily absent from the
centre. Where a count discrepancy is apparent, it will be necessary to
repeat the procedure for confirmation purposes. Appropriate
emergency responses to confirmed count discrepancies ma y vary from
centre to centre.
A formal count shall be conducted prior to and immediately following all mass
movements of youths.
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Discussion:
Wherever there is a mass movement of youths from one part of the
centre to another area, for such purposes as work, meals, recreation,
etc., a count shall be conducted.
An informal count shall be taken of youths at various and unscheduled times and under
situations not included in the formal count.
Discussion:
An ongoing informal counting procedure helps to keep staff aware of
the placement of youths within the facility and its programs.
8. Supervision
Youth supervisor posts shall be located so as to permit staff to be aware of, and respond
to, indications of youth needs.
Discussion:
The location of staff as close as possible to living areas and program
activities is necessary for staff to be aware of activities in the area, able
to maintain security and control and properly positioned to respond to
indications of need.
The custody and control of youths shall not be delegated to other youths in a
containment/detention centre.
International Centre for Criminal Law Reform and Criminal Justice Policy
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V HEALTH
Table of Contents
PART ONE: UN GUIDELINES...............4
A. MEDICAL SERVICES .........................................4
1. General...................................................................4
2. Medical Ethics .......................................................5
3. Medical Officers....................................................7
4. Specialist Treatment ............................................8
5. Dental Services .....................................................8
6. Research .................................................................9
B. ACCOMMODATION AND HYGIENE.............9
1. Accommodation .....................................................9
2. Clothing and Bedding.........................................10
3. Personal Hygiene................................................11
C. FOOD ..................................................................11
1. General.................................................................11
D. EXERCISE AND SPORT ..................................11
E. WORK PROGRAMS ..........................................12
see also II CASE MANAGEMENT and III
INMATE RIGHTS AND TREATMENT
OF PRISONERS
F. SPECIAL GROUP TREATMENT .....................13
1. Insane and Mentally Abnormal Prisoners.......13
2. Women’s Health Services..................................13
3. Juvenile Health ...................................................14
3.(a) Protection of Juveniles’ Health and
Well-being................................................14
3.(b) Right to Protection Against Torture.........14
3.(c) Physical Environment and
Accommodation........................................14
3.(d) Clothing....................................................15
3.(e) Food .........................................................15
3.(f) Juvenile Medical Care...............................15
3.(g) Recreation and Sport................................17
PART TWO: PROPOSED PRISON
POLICY..................................................18
A. MEDICAL SERVICES .......................................18
1. Definitions...........................................................18
2. Objectives and Guiding Principles ...................18
3. Informed Consent and the Right of Refusal ....19
3.(a) General ....................................................19
3.(b) Unobtainable Consent..............................19
3.(c) Youth.........................................................19
4. Range of Health Care .........................................19
4.(a) General ....................................................19
4.(b) Specialist Treatment.................................20
4.(c) Dental Services.........................................21
4.(d) Emergency Care.......................................21
5. Medical Examinations........................................21
6. Private Clinician Visits......................................22
6.(a) Interviews.................................................22
6.(a)(i) Medical Officer ............................22
6.(b) Security Clearance ...................................22
6.(c) Exceptional Requests ................................22
6.(d) Private Clinicians.....................................23
7. Infection Control.................................................23
7.(a) Introduction..............................................23
7.(b) Educational Program...............................23
7.(c) Institutional Placement/Classification.......24
7.(d) Vaccinations.............................................24
7.(e) Blood and Body Fluids .............................24
7.(f) Protective Items.........................................25
8. Condoms...............................................................25
8.(a) General ....................................................25
8.(b) Definition..................................................25
8.(c) Confidentiality...........................................25
8.(d) Distribution..............................................25
8.(e) Education..................................................26
8.(f) Contraband...............................................26
9. Testing- Communicable Diseases ....................26
9.(a) Introduction..............................................26
9.(b) Voluntary Testing- Inmates......................26
9.(c) Voluntary Testing- Staff............................26
9.(d) Inmate Counselling ..................................26
10. Medical personnel.............................................26
10.(a) Professional Qualifications....................26
10.(b) Nursing Services ....................................27
10.(c) Volunteers...............................................27
B. ADMINISTRATION..........................................29
1. Manual .................................................................29
2. Formulary ............................................................29
3. Health Records ....................................................29
4. Quality Assurance Program..............................29
5. Confidentiality....................................................30
5.(a) General ....................................................30
5.(b) Psychiatric Reports ..................................30
6. Control of Medication ........................................30
6.(a) Procedure.................................................30
6.(b) Medication Distribution Guidelines .........31
6.(b)(i) Definitions....................................31
6.(b)(ii) Distribution Procedure...............31
6.(b)(iii) Over-the-Counter Medication....32
6.(b)(iv) Medication Records ...................32
6.(b)(v) Contingency Medication..............32
6.(b)(vi) Label Information......................33
6.(b)(vii) Guideline Review......................33
6.(c) Drugs .......................................................33
6.(c)(i) Policy Objective............................33
6.(c)(ii) Responsibilities...........................33
6.(c)(iii) Control.......................................33
6.(c)(iv) Issue of Controlled Drugs..........34
6.(c)(v) Issue of Non-Controlled Drugs...34
6.(c)(vi) Institutional Staff Members
Use.....................................................34
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V HEALTH
6.(d) Self-Administration of Medication............34
6.(d)(i) Definitions....................................34
6.(d)(ii) Objectives ...................................35
6.(d)(iii) Approved Medications ...............35
6.(d)(iv) Role of Director, Health
Services ..............................................35
6.(d)(v) Changes to Approved
Medications........................................35
6.(d)(vi) Blister Pack Procedures ............35
6.(d)(vii) Non-Compliance by Inmate......36
6.(d)(viii) Contraband..............................36
6.(d)(ix) Inmate on Temporary Absence ..36
6.(d)(x) Expensive Medication..................36
6.(d)(xi) Refilling Prescriptions................36
6.(d)(xii) Record Keeping .........................36
6.(d)(xiii) Transfer Procedures................36
6.(e) Model- Medication and Treatment
Times........................................................37
7. Supplies and Materials ......................................37
7.(a) First Aid Kits ............................................39
7.(a)(i) Policy Objective...........................39
7.(a)(ii) Responsibilities ...........................39
7.(a)(iii) Contents - Model 1......................39
7.(a)(iv) Contents - Model 2......................39
7.(a)(v) Upkeep........................................40
8. Research ...............................................................40
9. Restraints.............................................................40
10. Educational Programs.......................................40
11. Injuries..............................................................41
11.(a) Staff Injury and Industrial Disease
Reports .....................................................41
11.(a)(i) General......................................41
11.(a)(ii) Reporting Procedures ...............41
11.(a)(iii) Investigating Procedures .........43
11.(b) Inmate Injury Reports ............................43
11.(b)(i) Injury Report..............................43
11.(b)(ii) Details of Injury........................44
11.(b)(iii) Comments of Senior and
Medical Officer...................................44
11.(b)(iv) Warden’s Comments ...............44
11.(b)(v) Distribution of Report...............44
11.(b)(vi) Notification...............................44
11.(c) Board of Inquiry- Inmate Injuries ..........44
11.(c)(i) Members ....................................44
11.(c)(ii) Mandatory Inquiry....................45
11.(c)(iii) Medical Prognosis ...................45
11.(c)(iv) Inmate Statement......................45
11.(c)(v) Witnesses...................................45
11.(d) Proceeding of Board of Inquiry..............45
11.(d)(i) Record........................................45
11.(d)(ii) Chairperson..............................46
C. ACCOMMODATION & HYGIENE................46
1. General.................................................................46
2. Cells......................................................................46
3. Bedding - Working Model for bedding
exchange .............................................................46
4. Bleach ...................................................................47
4.(a) Purpose....................................................47
4.(b) Strength....................................................47
4.(c) Distribution ..............................................47
4.(d) Education.................................................48
2
4.(e) Contraband ..............................................48
4.(f) First Aid....................................................48
4.(g) Central Supply..........................................48
4.(h) Posted Notices..........................................48
D. FOOD SERVICES .............................................49
1. Quality of Food....................................................49
2. Meal Planning.....................................................49
3. Youths in Confinement......................................49
4. Food Service Personnel......................................49
5. Dining Area .........................................................49
6. Inspections ...........................................................50
7. Sanitary Measures..............................................50
8. Fire and Safety Requirements ..........................50
9. Inmate Meals .......................................................50
9.(a) Working Model- Meal Times ...................50
10. Officers’ Meals..................................................51
11. Sanitary Control ...............................................51
12. Inspections .........................................................51
12.(a) Daily Inspections....................................51
12.(b) Annual Inspections.................................51
13. Staff Responsibilities .......................................52
13.(a) Orientation Programs............................52
13.(b) Evening Staff..........................................52
14. Inmate Fasting...................................................52
14.(a) Definition................................................52
14.(b) Right to Fast...........................................52
14.(c) Authority.................................................52
14.(d) Notification.............................................53
14.(e) Surveillance............................................54
14.(f) Transfer ..................................................54
14.(g) Record Keeping......................................54
E. RECREATION & SPORT..................................55
1. Physical Plant......................................................55
F. SPECIAL GROUP TREATMENT.....................55
1. Insane and Mentally Disordered Prisoners .....55
1.(a) Policy Objective........................................55
1.(b) Consultation.............................................55
1.(c) Action to be Taken....................................55
1.(d) Transfers..................................................55
1.(e) Mental Health Committee.........................56
1.(e)(i) Policy Objective............................56
1.(e)(ii) Responsibilities............................56
1.(e)(iii) Meetings.....................................57
1.(e)(iv) Purpose......................................57
1.(e)(v) Evaluation...................................57
2. Transsexual Inmates ..........................................57
2.(a) Introduction..............................................57
2.(b) New Admissions.......................................58
2.(c) Re-admissions..........................................58
2.(d) Treatment.................................................58
2.(e) Refusal to Consent to Medical
Assessment...............................................58
2.(f) Procedure for Medical Assessment...........58
2.(g) Placement Criteria ...................................59
3. Potential Suicide and Para-Suicidal
Inmates...............................................................59
3.(a) Policy Objective........................................59
3.(b) Preamble..................................................59
3.(c) Identification of Suicidal Inmates..............59
3.(d) Inmates at Risk.........................................60
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3.(e) Information Sources .................................61
3.(f) Staff Responsibilities..................................61
3.(g) Officer in Charge Responsibilities............62
3.(h) Notification ...............................................62
3.(i) Intervention ...............................................62
3.(j) Follow-up/Tracking ..................................63
3.(k) Preventative Action ..................................63
3.(l) Transfer ‘At Risk’ Inmates........................64
3.(m) Release Procedures for Suicidal
Inmates.....................................................64
3.(n) Contingency Plans....................................64
3.(o) Emergency Procedures Re: Hanging.......65
3.(p) Emergency Procedures Re: Slashing.......65
3.(q) Emergency Procedures Re: Poisoning.....65
3.(r) Community Medical Services ...................66
4. Women’s Health Services..................................66
5. Juvenile Health ...................................................66
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V HEALTH
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V HEALTH
PART ONE: UN GUIDELINES
A. MEDICAL SERVICES
1. General
Universal Declaration of Human Rights 1
Article 25
1. Everyone has the right to a standard of living adequate for the health and well-being
of him/herself and of his/her family. This shall include food, clothing, housing and
medical care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his/her control.
Basic Principles for the Treatment of Prisoners 2
Principle 9
Prisoners shall have access to the health services available in the country without
discrimination on the grounds of their legal situation.
Standard Minimum Rules for the Treatment of Prisoners 3
Rule 22
1. At every institution the services of at least one qualified medical officer, who should
have some knowledge of psychiatry, shall be available. The medical services should be
organized in close relation to the general health administration of the community or
nation. These services shall include a psychiatric service
for the diagnosis, and, in proper cases, the treatment of states of mental abnormality.
1 General Assembly Resolution 217 A (III) of 10 December 1948.
2 General Assembly Resolution 45/111 of 14 December 1990.
3 First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva, 1955
and approved by the Economic and Social Council resolution 663 (XXIV) of 31 July 1957 and 2076 (LXII) of
13 May 1977.
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Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 4
Principle 24
A proper medical examination shall be offered to a detained or imprisoned person as
promptly as possible after his/her admission to the place of detention or imprisonment.
This medical care and treatment shall be provided whenever necessary and free of
charge.
Principle 25
A detained or imprisoned person or his/her counsel shall, subject only to reasonable
conditions to ensure security and good order in the place of detention or imprisonment,
have the right to request or petition a judicial or other authority for a second medical
examination or opinion.
Principle 26
The fact that a detained or imprisoned person underwent a medical examination, the
name of the physician and the results of such an examination shall be duly recorded.
Access to such records shall be ensured. Modalities therefore shall be in accordance
with relevant rules of domestic law.
2. Medical Ethics
Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly
Physicians, in the Protection of Prisoners and Detained Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment 5
Principle 1
Health personnel, particularly physicians, charged with the medical care of prisoners and
detainees have a duty to provide protection of physical and mental health and treatment
of disease of the same quality and standard as is afforded to those who are not
imprisoned or detained.
Principle 2
It is a gross contravention of medical ethics, as well as an offence under applicable
international instruments, for health personnel, particularly physicians, to engage, actively
or passively, in acts which constitute participation in, complicity in, incitement to or
attempts to commit torture or other cruel, inhuman or degrading treatment or
punishment.
4 General Assembly Resolution 43/173 of 9 December 1988.
5 General Assembly Resolution 371194 of 18 December 1982.
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Principle 3
It is a contravention of medical ethics for health personnel, particularly physicians, to be
involved in any professional relationship with prisoners or detainees the purpose of
which is not solely to evaluate, protect or improve their physical and mental health.
Principle 4
It is a contravention of medical ethics for health personnel, particularly physicians:
1. To apply their knowledge and skills in order to assist in the interrogation of
prisoners and detainees in a manner that may adversely affect the physical or
mental health or condition of such prisoners or detainees and which is not in
accordance with the relevant international instruments.
2. To certify, or to participate in the certification of, the fitness of prisoners or
detainees for any form of treatment or punishment that may adversely affect
their physical or mental health and which is not in accordance with the relevant
international instruments, or to participate in any way in the infliction of any such
treatment or punishment which is not in accordance with the relevant
international instruments.
Principle 5
It is a contravention of medical ethics for health personnel, particularly physicians, to
participate in any procedure for restraining a prisoner or detainee unless such a
procedure is determined in accordance with purely medical criteria as being necessary
for the protection of the physical or mental health or the safety of the prisoner or
detainee him/herself, or his/her fellow prisoners or detainees, or of his/her guardians,
and presents no hazard to his/her physical or mental health.
Principle 6
There may be no derogation from the foregoing principles on any ground whatsoever,
including public emergency; particularly the Universal Declaration of Human Rights
(Resolution 217 A (III), the International Covenants on Human Rights (Resolution 2200
A (XXI), annex), the Declaration on the Protection of all Persons from Being Subjected
to Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (resolution
3425 (XXX), annex) and the Standard Minimum Rules for the Treatment of Prisoners
(First United Nations Congress on the Prevention of Crime and the Treatment of
Offenders: report by the Secretariat, United Nations publication, Sales No. E.
1956.IV.4.) annex I.A).
Code of Conduct for Law Enforcement Officials 6
6 General Assembly Resolution 341169 of 17 December 1979.
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Article 6
Law enforcement officials shall ensure the full protection of the health of persons in their
custody and, in particular, shall take immediate action to secure medical attention
wherever required.
Commentary:
(i) ‘Medical attention’, which refers to services rendered by any medical
personnel including certified medical practitioners and paramedics, shall be
secured when needed or requested.
(ii) While the medical personnel are likely to be attached to the law enforcement
operation, law enforcement officials must take into account the judgment of such
personnel when they recommend providing the person in custody with
appropriate treatment through, or in consultation with, medical personnel from
outside the law enforcement operation.
(iii) It is also understood that law enforcement officials shall also secure medical
attention for victims of violations of law or of accidents occurring in the course
of violations of the law.
3. Medical Officers
Standard Minimum Rules for the Treatment of Prisoners 7
Rule 24
The medical officer shall see and examine every prisoner as soon as possible after
his/her admission and thereafter as necessary, with a view particularly to the discovery
of physical or mental illness and the taking of all necessary measures, the segregation of
prisoners suspected of infectious or contagious conditions, the noting of physical or
mental defects which might hamper rehabilitation, and the determination of the physical
capacity of every prisoner for work.
Rule 25
1. The medical officer shall report to the director whenever he/she considers that a
prisoner’s physical or mental health has been or will be injuriously affected by continued
imprisonment or by condition of imprisonment.
2. The medical officer shall report to the director whenever he/she considers that a
prisoner’s physical or mental health has been or will be injuriously affected by continued
imprisonment or by any condition of imprisonment.
7 Supra, note
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Rule 26
1. The medical officer shall regularly inspect and advise the director upon:
(a) the quantity, quality, preparation and service of food,
(b) the hygiene and cleanliness of the institution and the prisoners,
(c) the sanitation, heating, lighting and ventilation of the institution,
(d) the suitability and cleanliness of the prisoners’ clothing and bedding,
(e) the observance of the rules concerning physical education and sports, in
cases where there is no technical personnel in charge of these activities.
2. The director shall take into consideration the reports and advice that the medical
officer submits according to Rules 25.2 and 26 and, in case he/she concurs with the
recommendations made, shall take immediate steps to give effect to those
recommendations. If they are not within his/her competence or if he/she does not
concur with them, he/she shall immediately submit his/her own report and the advice of
the medical officer to a higher authority.
Rule 52
1. In institutions that are large enough to require the services of one or more full-time
medical officers, at least one of them shall reside on the premises of the institution or in
its immediate vicinity.
2. In other institutions, the medical officer shall visit daily and shall reside near enough to
be able to attend without delay in cases of urgency.
4. Specialist Treatment
Standard Minimum Rules for the Treatment of Prisoners 8
Rule 22
2. Sick prisoners who require specialist treatment shall be transferred to specialised
institutions or to civil hospitals. Where hospital facilities are provided in an institution,
their equipment, furnishings and pharmaceutical supplies shall be proper for the medical
care and treatment of sick prisoners, and there shall be a staff of suitable trained
officers.
5. Dental Services
Standard Minimum Rules for the Treatment of Prisoners 9
8 Supra, note
9 Supra, note
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Rule 22
3. The services of a qualified dental officer shall be available to every prisoner.
6. Research
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 10
Principle 22
No detained or imprisoned person shall, even with his/her consent, be subjected to any
medical or scientific experimentation that may be detrimental to his/her health.
B. ACCOMMODATION AND HYGIENE
1. Accommodation
Standard Minimum Rules for the Treatment of Prisoners
Rule 9
1. Where sleeping accommodation is in individual cells or rooms, each prisoner shall
occupy by night a cell or room by him/herself. If for special reasons, such as temporary
overcrowding, it becomes necessary for the central prison administration to make an
exception to this rule, it is not desirable to have two prisoners in a cell or room.
2. Where dormitories are used, prisoners carefully selected as being suitable to
associate with one another in those conditions shall occupy them. There shall be regular
supervision by night, in keeping with the nature of the institution.
Rule 10
All accommodation provided for the use of prisoners, and in particular all sleeping
accommodation shall meet all requirements of health, with due regard being paid to
climatic conditions, particularly to cubic content of air, as well as minimum floor space,
lighting, heating, and ventilation.
Rule 11
In all places where prisoners are required to live or work,
(a) the windows shall be large enough to enable the prisoners to read or work
by natural light, and shall be so constructed that they can allow the entrance of
fresh air whether or not there is artificial ventilation, and
10 General Assembly Resolution 43/173 of 9 December 1988.
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(b) artificial light shall be provided sufficient for the prisoner to read or work
without injury to eyesight.
Rule 12
The sanitary installations shall be adequate to enable every prisoner to comply with the
needs of nature when necessary and in a clean and decent manner.
Rule 13
Adequate bathing and shower installations shall be provided so that every prisoner may
be enabled and required to have a bath or shower, at a temperature suitable to the
climate, as frequently as necessary for general hygiene according to season and
geographical region, but at least once a week in temperate climate.
Rule 14
All parts of an institution used by prisoners shall be properly maintained and kept
scrupulously clean at all times.
2. Clothing and Bedding
Standard Minimum Rules for the Treatment of Prisoners 11
Rule 17
1. Every prisoner who is not allowed to wear his/her own clothing shall be provided
with an outfit of clothing suitable for the climate and adequate to keep him in good
health. Such clothing shall in no manner be degrading or humiliating.
2. All clothing shall be clean and kept in proper condition. Underclothing shall be
changed and washed as often as necessary for the maintenance of hygiene.
3. In exceptional circumstances when prisoners are removed outside the institution for
an authorised purpose, they shall be allowed to wear their own clothing or other
inconspicuous clothing.
Rule 18
If prisoners are allowed to wear their own clothing, arrangements shall be made on their
admission to the institution to ensure that it shall be clean and fit for use.
Rule 19
Every prisoner shall, in accordance with local or national standards, be provided with a
11 Supra, note
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separate bed, and with separate and sufficient bedding, which shall be clean when
issued, kept in good order and changed often enough to ensure its cleanliness.
3. Personal Hygiene
Standard Minimum Rules for the Treatment of Prisoners 12
Rule15
Prisoners shall be required to keep their persons clean, and to this end they shall be
provided with water and with such toilet articles as are necessary for health and
cleanliness.
Rule 16
In order that prisoners may maintain a good appearance compatible with their selfrespect, facilities shall be provided for the proper care of the hair and beard, and men
shall be enabled to shave regularly.
C. FOOD
1. General
Standard Minimum Rules for the Treatment of Prisoners 13
Rule 20
1. The administration shall provide prisoners with food of nutritional value adequate for
health and strength, of wholesome quality and well prepared and served at usual hours.
2. Drinking water shall be available to every prisoner whenever he/she needs it.
D. EXERCISE AND SPORT
Standard Minimum Rules for the Treatment of Prisoners 14
Rule 21
1. Every prisoner who is not employed in outdoor work shall have at least one hour of
suitable exercise in the open air daily if the weather permits.
12 Supra, note
13 Supra, note
14 Supra, note
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2. Young prisoners, and others of suitable age and physique, shall receive physical and
recreational training during the period of exercise. To this end, space, installations and
equipment should be provided.
Rule 78
Recreational and cultural activities shall be provided in all institutions for the benefit of
the mental and physical health of prisoners.
E. WORK PROGRAMS
see also II CASE MANAGEMENT and III INMATE RIGHTS AND TREATMENT OF
PRISONERS
Standard Minimum Rules for the Treatment of Prisoners 15
Rule 71
1. Prison work must not be of an afflictive nature.
2. All prisoners under sentence shall be required to work, subject to their physical and
mental fitness as determined by the medical officer.
Rule 74
1. The precautions laid down to protect the safety and health of free workmen shall be
equally observed in all institutions.
2. Provision shall be made to indemnify prisoners against industrial injury, including
occupational disease, on terms not less favourable than those extended by law to free
workmen.
15 Supra, note
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F. SPECIAL GROUP TREATMENT
1. Insane and Mentally Abnormal Prisoners
Standard Minimum Rules for the Treatment of Prisoners 16
Rule 82
1. Persons who are found to be insane shall not be detained in prisons and
arrangements shall be made to remove them to mental institutions as soon as possible.
2. Prisoners who suffer from other mental diseases or abnormalities shall be observed
and treated in specialised institutions under medical management.
3. During their stay in a prison, such prisoners shall be placed under the special
supervision of a medical officer.
4. The medical psychiatric service of the penal institutions shall provide for the
psychiatric treatment of all other prisoners who are in need of such treatment.
Rule 83
It is desirable that steps should be taken, by arrangement with the appropriate agencies,
to ensure, if necessary, the continuation of psychiatric treatment after release and the
provision of social-psychiatric after-care.
2. Women’s Health Services
Universal Declaration of Human Rights
Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock shall enjoy the same social
protection.
Standard Minimum Rules for the Treatment of Prisoners 17
Rule 23
1. In women’s institutions there shall be special accommodations for all
necessary pre-natal and post-natal care and treatment. Arrangements shall be
made whenever practicable for children to be born in a hospital outside the
institution. If a child is born in prison, this fact shall not be mentioned in the birth
certificate.
16 Supra, note
17 Supra, note
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2. Where nursing infants are allowed to remain in the institution with their
mothers, provision shall be made for a nursery staffed by qualified persons,
where the infants shall be placed when they are not in the care of their mothers.
3. Juvenile Health
3.(a) Protection of Juveniles’ Health and Well-being
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 18
Rule 87
(d) All personnel should ensure the full protection of the physical and mental health of
juveniles, including protection from physical abuse, sexual abuse and exploitation, and
should take immediate action to secure medical attentio n wherever required.
3.(b) Right to Protection Against Torture
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
3.(c) Physical Environment and Accommodation
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19
Rule 31
Juveniles deprived of their liberty have the right to facilities and services that meet all the
requirements of health and human dignity.
Rule 32
The design of detention facilities for juveniles and the physical environment should be in
keeping with the rehabilitative aim of residential treatment, with due regard to the need
of the juvenile for privacy, sensory stimuli, opportunities for association with peers and
participation in sports, physical exercise and leisure-time activities. The design and
structure of juvenile detention facilities should be such as to minimize the risk of fire and
to ensure safe evacuation from the premises. There should be an effective alarm system
in case of fire, as well as formal and drilled procedures to ensure the safety of the
juveniles.
Rule 33
Sleeping accommodations should normally consist of small group dormitories of
18 General Assembly Resolution 451113 of December 1990.
19 General Assembly Resolution 451113 of 14 December 1990.
20 General Assembly Resolution 217 A (III) of 10 December 1948.
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individual bedrooms, while bearing in mind local standards. During sleeping hours there
should be regular, unobtrusive supervision of all sleeping areas, including individual
rooms and group dormitories, in order to ensure the protection of each juvenile. Every
juvenile should, in accordance with local or national standards, be provided with
separate and sufficient bedding, which should be clean when issued, kept in good order
and changed often enough to ensure cleanliness. Detention facilities should not be
located in areas where there are known health or other hazards or risks.
Rule 34
Sanitary installations should be so located and of a sufficient standard to enable every
juvenile to comply, as required, with his/her physical needs in privacy and in a clean and
decent manner.
3.(d) Clothing
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 21
Rule 36
To the extent possible, juveniles should have the right to use their own clothing.
Detention facilities should ensure that each juvenile has personal clothing suitable for the
climate and adequate to ensure good health, and which should in no manner be
degrading or humiliating. Juveniles removed from or leaving a facility for any purpose
should be allowed to wear their own clothing.
3.(e) Food
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 22
Rule 37
Each detention facility shall ensure that every juvenile receives food that is suitably
prepared and presented at normal meal times and of a quality and quantity that satisfies
the standards of dietetics, hygiene and health and, as far as possible, religious and
cultural requirements. Clean drinking water should be available to every juvenile at any
time.
3.(f) Juvenile Medical Care
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
Rule 49
21 General Assembly Resolution 451113 of 14 December 1990.
22 General Assembly Resolution 451113 of 14 December 1990.
23 General Assembly Resolution 451113 of 14 December 1990.
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Every juvenile shall receive adequate medical care, both preventive and remedial,
including dental, ophthalmologic and mental health care, as well as pharmaceutical
products and special diets as medically indicated. All such medical care should, where
possible, be provided to detained juveniles through the appropriate health facilities and
services of the community in which the detention facility is located, in order to prevent
stigmatization of the juvenile and promote self-respect and integration into the
community.
Rule 50
Every juvenile has a right to be examined by a physician immediately upon admission to
a detention facility, for the purpose of recording any evidence or prior ill-treatment and
identifying any physical or mental condition requiring medical attention.
Rule 51
The medical services provided to juveniles should seek to detect and should treat any
physical or mental illness, substance abuse or other condition that may hinder the
integration of the juvenile into society. Every detention facility for juveniles should have
immediate access to adequate medical facilities and equipment appropriate to the
number and requirements of its residents and staff trained in preventive health care and
the handling of medical emergencies. Every juvenile who is ill, who complains of illness
or who demonstrates symptoms of physical or mental difficulties should be examined
promptly by a medical officer.
Rule 52
Any medical officer who has reason to believe that the physical or mental health of a
juvenile has been or will be injuriously affected by continued detention, a hunger strike
or any condition of detention should report this fact immediately to the director of the
detention facility in question and to the independent authority responsible for
safeguarding the well-being of the juvenile.
Rule 53
A juvenile who is suffering from a medical illness should be treated in a specialised
institution under independent medical management. Steps should be taken, by
arrangement with appropriate agencies, to ensure any necessary continuation of mental
health care after release.
Rule 54
Juvenile detention facilities should adopt specialised drug abuse prevention and
rehabilitative programs administered by qualified personnel. These programs should be
adapted to the age, sex and other requirements of the juveniles concerned.
Detoxification facilities and services staffed by trained personnel should be available to
drug or alcohol dependent juveniles.
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Rule 55
Medicines should be administered only for necessary treatment on medical grounds and,
when possible, after having obtained the informed consent of the juvenile concerned. In
particular, they must not be administered with a view to eliciting information or a
confession, as a punishment or as a means of restraint. Juveniles shall never be tested in
the experimental use of drugs and treatment. The administration of any drug should
always be authorised and carried out by qualified medical personnel.
3.(g) Recreation and Sport
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty 24
Rule 47
Every juvenile should have the right to a suitable amount of time for daily free exercise in
the open air, whenever weather permits, during which time appropriate recreational and
physical training should normally be provided. Adequate space, installations and
equipment should be provided for these activities. Every juvenile should have additional
time for daily leisure activities, part of which should be devoted, if the juvenile so
wishes, to arts and crafts skills development. The detentional facility should ensure that
each juvenile is physically able to participate in the available programs of physical
education. Remedial physical education and therapy should be offered, under medical
supervision to juveniles needing it.
24 General Assembly Resolution 451113 of 14 December 1990.
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PART TWO: PROPOSED PRISON POLICY
A. MEDICAL SERVICES
1. Definitions
Health care - medical care, dental care and mental health care, provided by registered health
care professionals
Mental health care - the care of a disorder of thought, mood, perception, orientation or memory
that significantly impairs judgment, behaviour, the capacity to recognise reality or the ability to
meet the ordinary demands of life
Treatment - health care treatment
2. Objectives and Guiding Principles
The prison service shall provide every inmate with:
(a) essential health care; and
(b) reasonable access to non-essential mental health care that will contribute to the
inmate’s rehabilitation and successful reintegration into the community.
The provision of health care shall conform to professionally acceptable standards.
The prison service shall take into consideration an offender’s state of health and health care
needs:
(a) in all decisions affecting the offender, including decisions relating to placement,
transfer, administrative segregation and disciplinary matters; and
(b) in the preparation of the offender for release and the supervision of the offender.
Discussion:
The primary purpose of health services is to treat illness, injury and disease
in order to restore or improve the health of the individual. In fulfilling this
goal, the prison’s service ensures access by offenders to all levels of care
obtainable by the population at large.
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3. Informe d Consent and the Right of Refusal
3.(a) General
All examinations, treatments, and procedures affected by informed consent standards in the
community are likewise to be observed for inmate care. In the case of minors, the informed
consent of parent, guardian or legal custodian applies where required by law.
Informed consent shall be obtained by the institutional health care professional in all instances
defined by the director of health services and standing written policy. The inmate shall have the
right to refuse treatment.
Discussion:
Informed consent is the agreement by the patient to a treatment examination
or procedure after the patient receives the material facts regarding the
nature, consequences, risks and alternatives concerning the proposed
treatment, examination or procedure. Medical treatment without consent by
an inmate or youth could result in legal complications. In the case of minors,
the informed consent of parent, guardian or legal custodian applies when
required by law.
3.(b) Unobtainable Consent
All general hospitals have a method for proceeding with emergency treatments when
informed consent cannot be obtained. The procedures used by the local general hospital will
apply to persons in prison custody.
3.(c) Youth
Where an inmate is below the age at which a person may consent to his/her own medical
treatment, the director of the institution, after consultation with the medical officer, provides the
needed consent and such consent extends only to preventative care, routine medical care, and
emergency first aid care.
Where serious medical procedures are contemplated, parental informed consent will be
obtained where possible. A general medical release form signed by a parent or guardian will
not be interpreted as extending to serious medical procedures.
When a youth has undergone treatment where consent could not be obtained, the youth?s
parents or guardians are to be notified as soon as possible with confirmation in writing.
In cases where the parents or guardians refuse medical attention on religious, political, or
other grounds, the matter must be referred to the superintendent of child welfare for action.
4. Range of Health Care
4.(a) General
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The prison’s service shall provide, as necessary, the following levels of care for persons in
custody: self-care, first aid, emergency care, clinic care, continuous care and isolation care.
Discussion:
The services may be provided on-site, off-site in the community or at
another prison.
Self-care - care for a condition that can be treated by the inmate and may
include ‘over-the-counter’ type medications
First aid - care for a condition that requires immediate assistance from a
person trained in first aid procedures
Emergency care - care for an acute illness or unexpected health care need
that cannot be deferred until the next scheduled sick call or clinic
Clinic care - non-emergency care provided to an inmate/youth
Continuous care - care for a patient who requires twenty-four hour nursing
care under medical supervision. In most situations an individual requiring
such care would be placed into a local hospital. It is expected that
continuous care in an institution would only occur on rare occasions.
Continuous care area - an area established within a correctional institution
where twenty-four hour nursing care under medical supervision may be
provided if and when required. Such an area need not be a part of the health
centre, and may be used for other functions when not required for patient care.
Isolation care - care for a patient provided in a continuous care area. Such a
patient may not require twenty-four hour nursing care.
An inmate/youth with an illness that requires health care beyond the resources available in the
facility, shall be removed to a facility where appropriate care is available on the advice of the
health care professional in consultation with the warden.
Discussion:
On occasion, an inmate or youth will require movement to a health care
facility to deal with acute illness or reportable diseases which require
isolation that an institution cannot accommodate, such as day care surgery,
severe heart disease, or dental emergency.
4.(b) Specialist Treatment
Where a special medical program is required for an inmate/youth, the responsible physician shall
develop and record an individualized treatment plan in the inmate/youth’s medical file.
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Discussion:
Special medical programs are the special measures required to address
specific health problems which necessitate close medical supervision. These
include seizure disorders, diabetes, potential suicide, chemical dependency,
and psychosis.
In these cases, the facility must respond by providing a program directed to
these medical needs. This direction may include special instruction to health
care and other personnel regarding their role and responsibilities in the care
and supervision of the patient.
4.(c) Dental Services
Basic dental services shall be provided to all inmates/youths.
Discussion:
Basic dental services include:
(i) Fillings
(ii) Extractions
(iii) Other work necessary to attain or maintain the oral health and functioning
dentition of inmates/youths
Reconstructive and cosmetic work will not be undertaken.
4.(d) Emergency Care
Twenty-four hour emergency health care shall be available to all inmates/youths. Plans to
facilitate this shall provide for the following:
(i) Emergency evacuation for the inmate from within the facility
(ii) Use of an emergency vehicle
(iii) Use of one or more designated hospital/emergency departments or other
appropriate health facilities, either on or off site
(iv) Emergency on-call physician and dental services when an emergency health facility
is not located in a nearby community or where, in the opinion of the director of the
institution, such on-call services are required
(v) Security procedures that provide for the immediate transfer of inmates/youths, when
appropriate
5. Medical Examinations
All inmates upon initial acceptance into the custody of the prison’s service shall have a health
assessment.
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A repeat assessment by a physician, or a registered nurse, acting under the direction of a
medical practitioner, is not required unless ordered by a physician.
Where a physician orders a transfer health assessment, it may be completed by a physician or a
registered nurse.
Discussion:
The initial health assessment provides a process of structured inquiry and
observation designed to identify any threat to health or safety that may
present a problem to the inmate/youth or to the institution. It also provides
a process whereby inmates/youths may receive immediate medical attention
as required.
6. Private Clinician Visits
6.(a) Interviews
An inmate in a prison may be visited and interviewed by a private medical, psychiatric, or
psychological clinician who is not on staff or otherwise retained by the prison’s service.
6.(a)(i) Medical Officer
When an interview is requested, the clinician is to be referred to the prison’s medical officer and
asked to provide the following information:
1. The name of the person who will conduct the interview.
2. The name of the inmate who is to be interviewed.
3. The purpose of the interview.
4. The preferred time for the interview.
5. The expected length of the interview.
6.(b) Security Clearance
The prison warden, or designate, shall also be contacted in order to:
(a) confirm that the inmate is in the prison and will be available at the requested time,
and
(b) authorise clearance for the clinician to enter the correctional centre at the time
specified.
6.(c) Exceptional Requests
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If the request for a visit involves anything beyond an ordinary interview, the clinician must review
the specifics involved with:
(a) the prison’s medical officer, if the request relates to a medical/psychiatric matter, or
(b) the prison’s psychologist, if the request relates to a non-medical (psychological)
mental health matter.
6.(d) Private Clinicians
The fees and expenses of a private clinician are the responsibility of the inmate, not the prison’s
service.
Private clinicians may be billed by the prison’s service for any extraordinary costs incurred by
the branch as a result of exceptional requests for non-routine interviews.
Any program of treatment of an inmate advocated by a private clinician shall not be
undertaken until:
(a) the treatment program has been approved by the prison’s medical officer with
regard to non-medical, mental health issues; and
(b) consent in writing has been given by the inmate or his/her parents or guardian in the
case of minors.
7. Infection Control
7.(a) Introduction
Staff and inmates in prisons are recognised as being at risk for the transmission of certain
infectious or transmissible diseases including tuberculosis, hepatitis and AIDS; therefore, all
inmates should be considered as potentially infectious.
7.(b) Educational Program
It is acknowledged that understanding and appropriate action are possible primarily through
education. Therefore, a comprehensive educational program for staff and inmates shall be
developed in all centres.
All prison wardens shall implement the program in conjunction with local health professionals.
The corrections academy will, as part of recruit training, provide complimentary information on
transmission control and preventive measures.
Educational programs shall be developed that discuss communicable diseases generally
and individual diseases specifically (i.e. AIDS and Hepatitis)
At the minimum, the educational program shall provide:
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(a) an information package to inmates at intake, or as soon as practical thereafter,
providing information on transmission control and precautions to minimize transmission
of infectious disease;
(b) as part of the orientation package provided to staff (including recruit training),
information on transmission control and precautions to minimize transmission of the
infection;
(c) instruction on the proper use of items used for infection control (i.e. condoms,
lubricants and bleach); and
(d) opportunities for periodic updates to ensure staff and inmates are kept informed of
current information.
7.(c) Institutional Placement/Classification
The institutional physician shall advise the warden on the appropriate handling/treatment
of inmates with infectious diseases.
Housing assignments shall be consistent with normal security and/or special needs
classification.
A physician will only consider special/separate housing related to infectious disease on the basis
of a recommendation.
7.(d) Vaccinations
Inmates wishing to receive pre- or post-exposure vaccinations should consult with the health
care professional.
7.(e) Blood and Body Fluids
Procedure:
The body fluids of all inmates shall be treated as potentially infectious.
When handling body fluids the following precautions shall be taken:
1. Wear disposable latex gloves.
2. Establish ‘self help barrier’ by keeping all cuts and open wounds covered with clean
bandages.
3. Wear coveralls where exposure is extreme (e.g. copious bleeding).
4. Face masks shall be worn in case of gross body fluid contamination.
5. Wash hands thoroughly with soap and water after removal of gloves.
6. Clean up any spills of blood or body fluids promptly and thoroughly, using
appropriate materials that shall be readily available.
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7. Place all possibly contaminated clothing and other items in clearly identified,
impervious plastic bags for disposal or separate cleaning.
7.(f) Protective Items
All prison staff shall be provided with, and shall carry on their person while on duty, disposable
latex gloves contained in a belt-worn pouch.
Where available, one-valve face masks (anti-reflux) shall be used whenever mouth-to-mouth
resuscitation is required. Such resuscitation should not be denied if there are no masks
available, since the risk of infection transmission is minimal.
The following currently approved items, identified as an infection control kit, shall be available in
all centres:
(i) Face masks
(ii) Eye shields
(iii) Standard issue coveralls
(iv) Cleaning materials
(v) Disposable latex gloves
(vi) One-way valve (anti-reflux)
8. Condoms
8.(a) General
The prison’s service recognises a duty to attempt to reduce the risk of sexually transmitted
diseases amongst inmates. In meeting this responsibility, all adult prisons shall ensure that
condoms are made available to inmates in their custody.
8.(b) Definition
A condom is a prophylactic used to prevent the transmission of infectious diseases. For the
purpose of this policy the term condom shall include latex rubber condoms for male inmates or
latex dental dams for female inmates.
8.(c) Confidentiality
Staff shall ensure that confidentiality is maintained to respect the privacy of inmates who
request or are found to be in possession of condoms.
8.(d) Distribution
Condom distribution methods shall be:
(a) available in the health care unit; and
(b) freely available in the dorms/living units.
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Condoms shall be distributed to inmates free of charge.
All condoms distributed shall be latex condoms as medical research indicates this is the most
effective material to prevent the transmission of infectious disease.
One-time-use packages of water-soluble lubricants (i.e. K.Y. Jelly or Lubafax) shall be
supplied with condoms at the point of distribution to ensure maximum protection for users.
8.(e) Education
Education in the use of condoms shall be provided to all inmates in accordance with infection
control policy.
8.(f) Contraband
Staff who discover unopened condoms or lubricant packages in an inmate’s possession shall not
confiscate these articles. Inmates suspected of using condoms to smuggle contraband shall be
dealt with through the normal disciplinary process.
9. Testing- Communicable Diseases
9.(a) Introduction
Upon admission to a prison facility, testing for communicable diseases will be offered to each
inmate by the intake nurse. Testing will be made available on request to each inmate both at
intake and at any time thereafter while in custody.
9.(b) Voluntary Testing- Inmates
All testing will be voluntary. Inmates wishing to be tested for a communicable disease
should make their requests known to the health centre nurse or physician.
9.(c) Voluntary Testing- Staff
Staff wishing to be tested should consult their family physician or local health unit. If the reason
for the test is the result of an on-the-job incident, the appropriate compensation forms must be
submitted.
9.(d) Inmate Counselling
Pre- and post-test counselling will be given to inmates requesting HIV testing. Ongoing
counselling and support for those testing HIV positive will be provided at the health centre.
10. Medical personnel
10.(a) Professional Qualifications
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Local licensure, certification or registration requirements and restrictions shall apply to health
personnel who provide services to inmates/youths. The warden shall place verification of
current credentials on file in the facility, and a copy shall be forwarded to the office of the
director of health services.
The warden shall ensure that all health professionals employed or under contract, within six
months of assuming their responsibilities, receive requisite orientation including:
(a) institutional security and control,
(b) local institutional procedures, and
(c) structure and organisation of the prison’s service and the state justice system.
Discussion:
The purpose of this standard is to give orientation to those categories of
employees who would otherwise not receive in-service training. All persons
in the service of the organisation have a need to be conversant with
institutional security, control, and procedure, as well as the structure of the
organisation and its purpose.
The prison’s service shall ensure that infection control information and training is available to all
institutional staff of the service.
10.(b) Nursing Services
Nursing staff will hold five clinics per week. These will take place daily, Monday - Friday at
0700 hours until all cases are dealt with.
If there are insufficient staff to provide this service on the set days, a clinic will be held on
Saturdays and Sundays from (time to be announced).
Nursing services are available on an emergency basis, twenty-four hours per day.
Discussion:
Such processing decreases the potential of delay when serious health
problems exist. Although some prisons may not have daily health care
services, this does not preclude the daily forwarding of personal health
requests to the institutional health practitioner.
10.(c) Volunteers
There shall be written policies and procedures established for the selection, training and use of
volunteers in health services.
Criteria:
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1. Policies shall state, specifically, the purpose of the use of volunteers and the criteria for
selection.
2. Training and orientation manuals shall be prepared for each purpose.
3. A monitoring system shall be established to evaluate the effectiveness of the activity and the
volunteers.
4. Appropriate recognition shall be provided on a regular basis.
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B. ADMINISTRATION
1. Manual
There shall be a manual of written policies and defined procedures for the delivery of health care
services approved by the director of health services.
Discussion:
The establishment of written policies and procedures is an important
component for the provision of consistent health services delivery. These
policies and procedures should undergo regular review to ensure that they
incorporate periodic changes in practice.
2. Formulary
In accordance with local and state regulations, there shall be a formulary.
Discussion:
A formulary is a written list of prescribed and non-prescribed medications
used within a prison facility. This does not restrict the prescribing of
medications generated by outside community health care providers.
3. Health Records
Health records shall be established in a prescribed format for each inmate/youth and shall be
maintained at the health centre nearest to where the inmate/youth is housed.
Discussion:
The method of recording file entries will form part of medical policies and
procedures. Files are to be housed in the institutional health medical office
nearest where the inmate/youth resides. Uniformity of practice is imperative
for facilitating the smooth movement of files between institutions when
inmates/youths are transferred.
4. Quality Assurance Program
The prison’s service shall describe and implement a quality assurance program to monitor the
quality of health care and ensure that acceptable standards are attained and maintained.
Discussion:
It is expected that the director of health services will monitor institutional
practices based on a standard of current medical practices.
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5. Confidentiality
5.(a) General
All information obtained in the course of treatment shall be confidential with the only exceptions
being:
(a) the legal and ethical obligations in response to a clear and present danger of
grave injury to self or others, or
(b) a threat to the security of an institution, or
(c) medical information necessary to security staff for the safe management of an
inmate.
The health professional shall, in all cases, explain the limits of confidentiality to the patient.
Discussion:
The principle of confidentiality protects the patient from disclosure of
confidences entrusted to a health professional during the course of
treatment. The law recognises both an ethical and civil liability to ensure
confidentiality. The active health record is to be maintained separately from
the correctional centre record.
This does not affect the health professional’s ability to advise of an
inmate/youths’ ability to work, nor does it affect his/her ability to advise on
issues related to institutional security.
5.(b) Psychiatric Reports
Psychiatric reports may be made available to authorised persons when:
(i) The author of the report gives consent
(ii) The author of the report is not available
(iii) The senior medical officer’s opinion is that the information contained in the report
requires the appropriate authorities to be advised of its contents in order to protect the
public or the inmate
Informed consent of an inmate is necessary before providing health record information to any
third party, unless the release of the information is otherwise authorised or required by law.
6. Control of Medication
6.(a) Procedure
The policy objective is to ensure that all medication and medical supplies are adequately stored,
controlled, managed and administered by the health care centre, and thus within accepted
management and pharmaceutical practices.
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All stock of medication shall be kept in the pharmacy area of the health services centre.
All controlled medications in use are to be stored under double lock in a designated narcotic
cupboard in the pharmacy of the health services centre.
All controlled medications not in use are to be kept locked in the pharmacy safe at all times.
These items are to be counted on a monthly basis by the designated nurse in charge of the
pharmacy and the contract pharmacist.
A formal log is to be kept in the health services pharmacy and reviewed on a monthly basis by
the chief of health services. Any discrepancies are to be immediately brought to the attention of
the chief of health services for appropriate action.
All narcotics and controlled drugs shall be counted by the nurse on duty in the presence of the
relieving nurse, and shall be recorded and signed for by both nurses at each change of shift.
Any discrepancies in the count are to be immediately identified to the chief of health services
and an incident report shall be completed.
6.(b) Medication Distribution Guidelines
6.(b)(i) Definitions
For the purpose of this policy,
Centre means a prison.
Certified trainer means a nurse who has been certified by an appropriate government agency.
Director, health services means the director of health services of the prison’s service.
Inmate means any person under the supervision of the prison’s service.
Nurse means a registered nurse or registered psychiatric nurse either employed or under
contract with the prison’s service.
Practitioner means a physician, dentist, psychiatrist or dermatologist either employed or under
contract with the prison’s service.
Pharmacist means a pharmacist either employed or under contract with the prison’s service.
Qualified personnel means those personnel of the prison’s service having completed mediation
distribution training by a pharmacist, physician or nurse certified as a trainer.
6.(b)(ii) Distribution Procedure
Medication shall be distributed by a nurse or qualified personnel only.
All medication prescribed by a practitioner shall be labelled.
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The prescription label shall be typed or machine printed, and shall include the following
information:
(i) Name, address and phone number of the pharmacy
(ii) Prescription number
(iii) Dispensing date
(iv) Name and C.S. number of inmate for whom the drug is dispensed
(v) Name of the practitioner
(vi) Brand name of the drug, or generic name of the drug followed by the manufacturer
of the drug and identification number
(vii) Quantity and strength of the drug
(viii) Dispensing pharmacist’s initials
(ix) Location of the inmate
(x) Practitioner’s directions for use
(xi) Any other information required by good pharmacy practice
Making changes on any prescription label is not allowed. A practitioner shall order a new
prescription if changes in dosage or administration time are required.
6.(b)(iii) Over-the-Counter Medication
Standing orders authorised by the physician(s) of each centre shall be followed if distribution for
over-the-counter medication to inmates is done by nurses or qualified personnel.
6.(b)(iv) Medication Records
All prescription and over-the-counter medications administered by nurse-qualified personnel
shall be signed for and entered on the medication administration record.
6.(b)(v) Contingency Medication
The pharmacist may supply contingency medications to the correctional facility to permit the
commencement of therapy upon receipt of an order from a dentist or physician and to continue
the regimen until the prescription supply arrives from the pharmacy. The contingency
medication is to be used only until the new prescription arrives from the pharmacy.
Contingency medications shall be stored in a locked cabinet in the health care centre.
The pharmacist should review the contents of the contingency supply every three months to
ensure:
(a) only the medications on the contingency medication list are stocked;
(b) the amount of medication administered matches the contingency medication records;
(c) there are no expired medications;
(d) the cards are being used for contingency doses only and not for an entire regimen;
and
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(e) all staff members are aware of the purpose and the use of the supply, and the fact
that all doses must be administered only on the authorisation of the dentist or physician.
6.(b)(vi) Label Information
The contingency medication list shall be available in the health care centre, and any change of
medication on the list must be reviewed and approved by the pharmacy and therapeutics
committee.
Any use of contingency medications must be charted in the contingency medication records.
The contingency medication record, which is kept in the nursing station, must include:
(i) A label from the pharmacy which includes the name of the correctional centre and
pharmacy, as well as the quantity, name, strength, lot number and expire date of
medication
(ii) The date and time the medication was used
(iii) The name of the inmate for whom it was prescribed
(iv) The name of the physician or dentist who prescribe the medication
(v) The quantity of medication given, and the blister number if using blister pack
(vi) The signature of the nurse who administered the medication
6.(b)(vii) Guideline Review
The pharmacy and therapeutics committee shall review the medication distribution guidelines
once a year.
6.(c) Drugs
6.(c)(i) Policy Objective
To ensure health services staff are aware of their responsibilities for the care, control, recording
and issuing of drugs.
6.(c)(ii) Responsibilities
The chief of health services and the institutional contract pharmacist shall be responsible for the
procurement, stock keeping, safekeeping and issue of drugs.
6.(c)(iii) Control
Controlled drugs as well as drugs of a perishable nature shall be purchased whenever possible
by local purchase order as and when required.
Barbiturates and narcotics shall only be stocked when necessary. They shall be under lock and
stored in the safe at all times.
The nurse shall maintain a special register for narcotic drugs where the receipts are compulsory
and audited regularly by inspectors from the department of health and welfare.
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6.(c)(iv) Issue of Controlled Drugs
Controlled drugs shall be strictly controlled by the nurse and issued only upon prescription of
the physician.
6.(c)(v) Issue of Non-Controlled Drugs
Non-controlled over the counter drugs may be dispensed by the health care nursing staff in a
daily dose during medication parade. Inmates suspected of abusing such drugs are to be
referred to the institutional physician for assessment. Appropriate action is to be initiated by the
health care nursing staff.
Non-controlled prescription medications are to be issued to the inmate from the health services
centre either by unit dose blister cards and/or daily dose and/or single dose issue. The
dispensing practice will be dictated by currently accepted pharmaceutical practices.
Inmates admitted to the health services centre for observation are to turn in all their blister packs
to the health services staff for single dose dispensing by the health services nurse.
The officer in charge of health care shall decide the potential of abuse of antibiotics, antiinflammatory drugs and other drugs, in conjunction with the pharmacist. Drugs with no potential
of abuse shall be issued on a unit dose card which inmates shall keep in their cell/unit and take
as prescribed.
A drug for which there is potential for abuse shall be broken down into single doses by health
care staff.
Inmates requiring renewal of their medical shall turn in the empty card to the health care centre.
6.(c)(vi) Institutional Staff Members Use
Staff members shall not be allowed to purchase drugs from the dispensary. Staff members on
duty, however, may be issued a small amount of medication (the amount and the category of
medication issued shall be determined by the chief, health services or his/her delegate) under the
following circumstances:
(i) During an emergency
(ii) When an issue of a small amount of medication will enable a staff member to remain
on duty when he/she would not otherwise be able to do so
6.(d) Self-Administration of Medication
6.(d)(i) Definitions
For the purpose of this instruction,
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Nurse means a registered nurse or registered and psychiatric nurse, either employed or under
contract with the prison’s service.
Physician means a medical doctor either employed or under contract with the prison’s service.
6.(d)(ii) Objectives
The objectives of the self-administration of medication are:
1. To reduce staff workload with respect to distributing medication to inmates.
2. To enhance inmate responsibility and accountability for his/her own health care.
3. To further the goal of a normalized environment within adult prisons.
6.(d)(iii) Approved Medications
Only those medications approved by the director, health services may be inmate selfadministered.
6.(d)(iv) Role of Director, Health Services
The director of health services will:
(a) maintain a list of approved medication and dosage forms for self-administration, and
(b) be responsible for revising the list as necessary and appropriate in consultation with
the pharmacy and therapeutics committee and the corrections health care advisory
committee, as appropriate.
6.(d)(v) Changes to Approved Medications
Health care of corrections staff may request a medication be added to or deleted from the selfadministration list on the approved form.
6.(d)(vi) Blister Pack Procedures
Medication shall only be ordered by a physician and dispensed by a pharmacist in the form of a
‘blister pack’ except where dosage form prohibits such packaging. Blister packs will have
instructions for self-administration on the label. The prescribing physician is ultimately
responsible for advising inmates on potential side effects of medication and providing
instructions for self-administration.
Medication shall be administered in solid, unaltered dosage form, where possible. Such
medication must be packaged in blister packs with paper foil backing. The pharmacist will
identify blister packs that are self-administered with a green ‘for self-administration’ label.
Blister packs without this green label are not to be self-administered.
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6.(d)(vii) Non-Compliance by Inmate
A nurse may prohibit any inmate from self-administering medication if there is evidence of noncompliance or abuse. Prison staff may also prohibit inmate self-administration, subject to review
by a nurse. In such instances, medication will continue to be administered in accordance with
procedures for distributing non-self-administered medication.
6.(d)(viii) Contraband
Loose or non-issued medications, or tampered packaging, shall be considered contraband.
6.(d)(ix) Inmate on Temporary Absence
Inmates on temporary absence will take their issued medication and will present packages for
inspection upon return to the centre.
6.(d)(x) Expensive Medication
Prescriptions for expensive medication may be only partially filled, at the discretion of the
pharmacist, in order to reduce costs for those inmates who are in custody only a few days or
who are unable to finish the medication due to uncomfortable side effects.
6.(d)(xi) Refilling Prescriptions
Partially filled prescriptions will be identified with a red dot on the blister pack. Inmates are
responsible for alerting health care staff when their prescription requires refilling.
6.(d)(xii) Record Keeping
Health care centres shall keep a record of all self-administered medications issued which will
include documentation that inmates have received and understand instructions for selfadministration. The drug profile sheet in the health care file will be used to record the
medication type and dosage and will be amended to include the inmate’s signature.
All medication start and stop dates will be recorded by health care centres. Inmates must return
all empty or unfinished blister packages to the nurse by the medication stop date.
Prison staff who seize medication or packages past the stop date must ensure they are returned
to the nurse.
Health care staff must return unused medication to the pharmacy. Once inmates have handled
medication it cannot be reused.
6.(d)(xiii) Transfer Procedures
When inmates transfer from one centre to another, it is the their responsibility to ensure selfadministered medication is transferred along with the other personal effects.
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A nurse at the receiving centre will review all self-administered medication accompanying an
inmate.
If medication is lost in transit, the inmate is responsible for advising the nurse at the receiving
centre.
With respect to non self-administered medication, the normal provisions for transfer will apply.
6.(e) Model- Medication and Treatment Times
The following hours shall be set in the health services section for the issue of drugs and
therapeutic treatments:
Weekdays
Screening:
0745-0815 hours
Monday, Tuesday, Wednesday, Friday
Treatments:
1300-1400 hours
Sick Passes: 0715-0745 hours
1215-1300 hours
The hours for morning issue on weekends and holidays are as follows:
Medication:
Treatments:
0800-0830 hours
1330-1430 hours
Medication:
Morning:
Noon:
Supper:
Night:
0745-0815 hours
1215-1300 hours
1700-1800 hours
2100-2130 hours
Weekends & Holidays
No Screening - Emergencies only
Treatments only if indicated
Sick passes only at medication times
Medications:
Morning:
Noon:
Supper:
Night:
0800-0900 hours
1215-1300 hours
1700-1800 hours
2100-2130 hours
All other appointments by written request only.
7. Supplies and Materials
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The prison’s service shall have a clearly defined policy for each correctional institution to
determine and meet the needs of adequate health care space, equipment, supplies and materials.
The prison’s service shall make infection control kits available in designated areas of each
correctional centre/youth facility. The director of health services shall approve contents of such
kits.
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7.(a) First Aid Kits
7.(a)(i) Policy Objective
To ensure that first aid kits are available in designated areas of the institution based on need.
7.(a)(ii) Responsibilities
The following areas of the institution shall maintain first aid kits:
(i) All living units
(ii) All industrial shops
(iii) All maintenance shops
(iv) Main control
(v) Principal entrance
(vi) All vehicles
(vii) Gymnasium
(viii) Rifle ranges
(ix) Agribusiness
(x) Kitchen
(xi) Stores
(xii) Administration building
(xiii) Chapel
7.(a)(iii) Contents- Model 1
Each first aid kit shall contain the following items:
(i) Roller gauze
(ii) Sponges, surgical
(iii) Triangle bandage
(iv) Adhesive tape
(v) Adhesive bandages
(vi) Dressing, shell, sterile
(vii) Gloves
7.(a)(iv) Contents- Model 2
Each first aid kit is required to contain the following:
(i) Roller gauze
(ii) Sponges, surgical
(iii) Triangle bandage
(iv) Adhesive tape
(v) Adhesive bandages
(vi) Dressing, shell, sterile
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7.(a)(v) Upkeep
The health services centre shall ensure that all designated areas are supplied with first aid kits.
The supervisor of each area shall be responsible for checking the first aid kits in his/her area
monthly and ensuring that each kit is adequately stocked.
The health services centre will be available to restock first aid kits.
8. Research
Any research involving review of inmate/youth’s records shall comply with provincial and
federal legal guidelines and shall be approved by the director of health services and the director
of psychological services.
Discussion:
Research involving the statistical analysis of characteristics of inmates/youths
but not involving the administration of tests, procedures, drugs or any other
outside influence, shall be dealt with as above.
Any research involving intervention into an inmate/youth’s life must be
approved by the above-noted individuals and prison’s service management
in order to ensure that said research is being carried out in a manner that
does not jeopardise the rights of the individual or the integrity of the prison’s
service. The inmate/youth’s informed consent must be obtained in all cases.
9. Restraints
When the health of an inmate/youth is in jeopardy and restraints are considered as a necessary
part of treatment, this information shall be forwarded immediately by the health practitioner to
the local health director for consideration and, where necessary, consultation with the physician.
The request and decision shall be appropriately documented. Where restraints are deemed
necessary as a part of treatment, the final decision regarding restraints rests with the local
director or his/her designate, who will then advise the director of health services. The health
care staff shall not participate in the disciplinary restraint of inmates/youths.
Discussion:
This standard applies to those situations where the safety of the individual is
at risk and where restraints may be a necessary part of a health care plan.
The same kinds of restraints that would be medically appropriate for the
general population within the jurisdiction are likewise to be used for the
medically restrained incarcerated individual. Written policy should identify
authorisation requirements as well as when, where, and how restraints may
be used.
10. Educational Programs
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Where resources are available, the prison’s service shall develop educational programs that
address health issues of the inmate/youth population.
Discussion:
Many inmates/youths in custodial facilities have special needs or educational
deficits which can be addressed through specific planning.
Occasions may arise where special services are required to address the
educational needs of physically or mentally impaired youth. Additionally, in
order to assist inmates and youths in avoiding disease and limiting the risk
factors associated with their lifestyle and the corrections environment, it may
be necessary to provide educational programming which will give the
inmates/youths the information needed to alter and/or manage the risk
factors associated with their lifestyles.
11. Injuries
11.(a) Staff Injury and Industrial Disease Reports
11.(a)(i) General
When an employee is involved in an accident, is injured, or is afflicted with a disabling industrial
disease while at work and/or while on the employer’s premises and which:
(a) results in death or critical condition with serious risk of death,
(b) requires treatment by a registered medical practitioner,
(c) results in absence from work, or
(d) did not involve injury, but had a potential for causing serious injury,
the employer is responsible for reporting and investigating the accident/incident in
compliance with local compensation acts and health and safety regulation.
11.(a)(ii) Reporting Procedures
Minor and major injuries are to be entered in the institution’s medical treatment book and the
appropriate forms are to be filled out.
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1. Application for Compensation
It is the employee’s responsibility to complete and forward the form as soon as possible after
being injured or disabled by industrial disease.
The form is mailed to the employee by the local compensation board office whence the
completed form is being returned.
This form is used by the injured employee (or, in case of death, by the dependent) to file claim
for compensation.
2. Employer’s Report of Injury or Industrial Disease
It is the responsibility of the injured employee’s immediate supervisor to complete a form and
submit it to the local compensation board within three days of the employee’s injury.
Copies of the completed form are to be distributed to:
(i) Ministry safety and training officer
(ii) Local corrections’ payroll centre
(iii) Institutional personnel officer, or regional personnel officer
(iv) Institutional first aid attendant, nurse or medical officer
(v) Local occupational health and safety committee chairman
Serious injuries to staff: The regional director, or his/her designate, the commissioner of prisons,
and the director of inspection and standards shall be notified by telephone
immediately in the case of serious assaults and no later than the commencement of the next
working day in the case of serious injuries to staff.
Serious injury is defined as one requiring hospitalisation rather than first aid treatment.
Staff fatalities: When an employee dies while on duty, immediate notification by telephone shall
be given to the following:
(i) Regional director or his/her designate
(ii) Commissioner of corrections
(iii) Director, inspection and standards
(iv) Ministry safety and training officer
(v) Local compensation board, accident prevention branch
(vi) Public service commission
This immediate notification is to be followed by the completion of the usual compensation board
forms in those fatalities caused by accident or industrial disease.
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3. First Aid Report
This form is to be completed by the first aid attendant, nurse, medical officer or other personnel
who treated the employee at the time of injury.
4. Statement of Employer
This form is to be completed by the immediate supervisor of the injured employee as soon as
the employee returns to work.
This form is used to terminate compensation payments to the employee.
11.(a)(iii) Investigating Procedures
When an employee is afflicted with a disabling industrial disease, is injured, or is involved in an
accident, even though the accident did not involve injury but had a potential for causing serious
injury, the accident/incident is to be investigated by a joint union/management team.
This team is comprised of a minimum of two members of the local occupational health and
safety committee, one bargaining agent, and one management representative, all of whom are
knowledgeable in the type of work involved.
The purpose of the investigation is to identify the causative factors and circumstances of an
accident/incident and recommend how such occurrences might be prevented.
The immediate supervisor of the employee involved in the accident/incident is responsible for
following up on the occurrence and assisting the investigating team in making recommendations.
The team’s findings and recommendations shall be recorded on a joint union-management
accident/incident investigation report which shall be distributed to:
1. Ministry safety and training officer
2. Local worker’s compensation board office
3. Regional personnel officer
4. Bargaining agent
5. Local occupational health and safety committee
11.(b) Inmate Injury Reports
11.(b)(i) Injury Report
In the event of an injury to an inmate, the officer supervising the inmate shall complete a report
which shall include a signed statement by the inmate on the back of the form, and shall submit it
to the senior officer in charge of the unit on any given shift.
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11.(b)(ii) Details of Injury
The supervising officer shall write a brief narrative report covering details of the injury and how
it occurred. The ‘unit’ referred to should indicate the name of the institution where the injury
took place. The ‘nature of injury’ should describe the injuries sustained by the inmate as
accurately as possible.
11.(b)(iii) Comments of Senior and Medical Officer
The senior officer in charge of the unit and the medical officer in attendance shall add their
comments to the medical report, indicating extent of injury and treatment given and/or proposed
and forward the report to the prison warden within twenty-four hours of the injury.
11.(b)(iv) Warden’s Comments
The warden shall add his/her comments and indicate whether a board of inquiry is
recommended.
11.(b)(v) Distribution of Report
Upon completion, a copy of the injury report shall be forwarded to:
1. Warden
2. District director
3. Ministry safety and training officer
4. Medical office file
11.(b)(vi) Notification
The regional director, or designate, the prison’s commissioner and the director, inspection and
standards shall be immediately notified by telephone in the case of inmate deaths and serious
injuries. This verbal communication is to be followed by the usual report of inmate/youth injury
completed by all involved on-duty staff and distributed in the usual manner with additional
copies being sent to those notified verbally.
Serious injury is defined as one requiring hospitalisation rather than first aid treatment.
11.(c) Board of Inquiry- Inmate Injuries
11.(c)(i) Members
The members of a board of inquiry shall consist of the prison warden or deputy warden as
chairperson and two or three senior staff members.
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11.(c)(ii) Mandatory Inquiry
Following an injury to an inmate, a board of inquiry shall be held within one week of the
injury, when:
(a) the injury is likely to result in a permanent disability or handicap to the inmate,
(b) an inmate dies, or
(c) there is a possibility that procedures have not been followed, or that they are
inadequate, or there is negligence.
11.(c)(iii) Medical Prognosis
The board of inquiry will be held even though the final medical prognosis may not be
completed and the final report may have to wait until the medical report is available.
11.(c)(iv) Inmate Statement
A signed and dated statement, giving the inmate’s version of the accident and treatment
administered, shall be obtained as soon after the accident as the condition of the inmate will
allow.
11.(c)(v) Witnesses
A signed and dated statement shall be obtained from all staff and inmate witnesses as soon after
the accident as possible.
11.(d) Proceeding of Board of Inquiry
A record of the board of inquiry’s proceedings is to be forwarded to the regional director and
the prison’s commissioner.
11.(d)(i) Record
A complete record will consist of the following:
1. Injury report carefully and accurately filled out within twenty-four hours of the injury.
All comments and narratives dated and signed.
2. Complete record of the hearing, which may be transcribed if necessary.
3. Statements from the injured inmate, staff witnesses and inmate witnesses.
4. A dated and signed statement from the medical officer attending the injury, giving the
prognosis, plus copies of laboratory reports, X-ray reports etc., if these services are
used.
5. The regular form for boards of inquiry, listing members, evidence of witnesses,
treatment given and conclusions of the board of inquiry.
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11.(d)(ii) Chairperson
The chairperson of the board of inquiry is responsible for presenting an accurate, consistent and
fully documented account of how the injury occurred, the treatment administered or planned for
the future, and what precautions can be taken to prevent similar injuries from occurring again.
C. ACCOMMODATION & HYGIENE
1. General
The service shall take all reasonable steps to ensure that prisons, the prison environment, the
living and working conditions of inmates and the working conditions of staff members are safe,
healthful and free of practices that undermine a person’s sense of personal dignity.
2. Cells
Cells/secure sleeping rooms shall contain a minimum, utilisable floor area of 8 square metres.
Every cell/secure sleeping room in a correctional centre shall be equipped, at a minimum, with
the following:
(i) Continuously available hot and cold water, servicing a fixed basin
(ii) Toilet designed for the mechanical elimination of human waste
(iii) Artificial light source which is both occupant and centrally controlled
(iv) A bed frame elevated at least 3 metres from the floor at the top of the mattress
(v) A mattress designed in specific recognition of fire dangers in secure settings
(vi) A table and chair designed to compliment each other
(vii) 0.3 square metres of fixed shelf space
(viii) Three fixed clothing hooks
(ix) Direct natural light source
(x) All furnishings and fixtures utilised in cells or security rooms used specifically for
special security containment shall be designed and installed in a manner to prevent user
suicide and to provide safety measures to all individuals
Toilets, urinals, sinks and showers, where communal, exist in ratio of one of each device for
every ten prisoners.
3. Bedding - Working Model for bedding exchange
Once each week, all sheets and pillowcases shall be exchanged for freshly laundered items. On
Tuesdays in units 1, 2 and 3 and on Thursdays in units 4, 5 and dissociation. Each inmate shall
leave his/her bedding on the floor inside his/her cell door, and the laundry manager shall arrange
to have them replaced with clean ones on a one-for-one basis.
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Blankets shall be exchanged for clean ones once every five weeks. One unit’s blankets shall be
exchanged each week, along with that unit’s sheets. The laundry manager will ensure all
concerned are notified of the schedule.
4. Bleach
As a continuum of the prison’s service policies regarding the control of infectious diseases, all
adult prisons shall ensure that filtered household bleach is available and accessible for inmate
use.
4.(a) Purpose
This policy provides guidelines for the distribution of filtered bleach in adult correctional centres.
4.(b) Strength
To be fully effective in reducing the spread of infectious disease, bleach used as a disinfecting
agent must be full strength.
4.(c) Distribution
Filtered bleach shall be distributed to inmates in secure centres in 30ml bottles. Open custody
centres may provide larger quantities.
Each prison shall establish a policy that details the method of bleach distribution based upon the
following principles:
1. Freely available- in secure centres filtered bleach shall be available in the living units
and may also be available through health care. Replacement supplies shall be checked
on a daily basis and restocked as required. A minimum of five bottles shall be available
in each living unit. In open centres, filtered bleach can be in a centrally located, easily
accessible location.
2. Readily accessible- there shall be a designated location in each secure living unit or
open custody centre (e.g. ablutions, laundry, kitchen area, etc) where replacement
supplies are kept for exchange. Where health care is involved bottles of filtered bleach
for distribution shall be available at all medication distribution times, during regular visits
to the health care centre and during unit rounds.
3. Replacement basis- filtered bleach shall be available in the designated distribution
areas where inmates can return empties and obtain full bottles.
4. Ensures anonymity- the distribution (exchange) location should be located in such a
manner as to afford maximum anonymity and not require the inmate to approach a
correctional officer to obtain bleach.
5. Minimises risk of injury- filtered bleach for distribution to inmates in secure centres
shall be in the prescribed 30ml bottles. All bottles shall be labelled to indicate that they
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contain filtered bleach and shall include the date of decanting. If the option of selfdecanting is used in open centres, eye protection funnels and proper pouring decanters
should be employed to minimise spills. Rubber gloves should be provided to protect
against skin contact.
4.(d) Education
Education in the use of filtered bleach as a disinfectant shall be provided to all inmates.
Information regarding the proper methods of using filtered bleach as a disinfectant shall be
provided by health care staff and posted in each unit.
4.(e) Contraband
A single 30ml bottle of filtered bleach shall not be considered as contraband. Inmates in
possession of larger quantities (more than one portion of the amount distributed) shall be
considered to be in possession of contraband.
Although some items commonly subject to disinfecting with bleach are contraband (i.e.
hypodermic needles, syringes, tattoo kits, etc.), the fact that an inmate is using bleach does not
provide a prima facie case to establish drug usage or other unacceptable activities.
4.(f) First Aid
The following first aid steps should be used in the event that anyone is splashed with bleach:
1. Skin - remove any contaminated clothing and wash contacted areas thoroughly.
2. Eyes - flush thoroughly with water for fifteen minutes while holding eyelids open.
3. Ingested - drink warm water; do not induce vomiting.
Health care should be immediately advised of any incidents involving injuries related to bleach.
4.(g) Central Supply
All filtered bleach for distribution to inmates in secure centres shall be obtained from the
designated central supplier. This will ensure province-wide consistency in the concentration, the
bottle size and style as well as its application of appropriate labelling.
Bottles and caps will be of a style to reduce the ability to squirt the contents by squeezing the
bottle.
4.(h) Posted Notices
Each centre will ensure that a notice is posted in each living unit that clearly indicates that bleach
is a corrosive and that caution should be taken to avoid contact with eyes and skin. The posting
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shall also indicate that bleach should not be ingested or mixed with any other substance except
water.
D. FOOD SERVICES
1. Quality of Food
Each correctional centre shall have a program of food services that exceed dietary allowance
specified in the food guide to ensure that the food served programs offer meals which are
attractive, palatable, nutritionally adequate and prepared under sanitary conditions.
Food products that are produced within the prisons for institutional consumption shall be of
good quality and delivered in a condition suitable for optimum food service.
Three meals shall be served in a twenty-four hour period at times recognised as normal, and at
least two of these meals shall include hot food.
Food shall be prepared and served so that flavour, texture, temperature, appearance and
palatability are considered.
2. Meal Planning
The prison’s service shall have policy and procedures to govern menu planning and approval.
The policy addresses:
(a) minimum prior time for presentation of planned menus to the branch manager
responsible for the food service program;
(b) responsibility for approval of planned menu;
(c) posting of approved menu; and
(d) substitution(s).
3. Youths in Confinement
During confinement apart from the general population, an inmate or youth shall receive meals at
the times and of the type normally received by the inmates and/or youths in the general
population of the institution.
4. Food Service Personnel
Meals shall be prepared in accordance with instructions provided by qualified food service
personnel.
5. Dining Area
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Each prison shall provide one or more suitable areas for the consumption of food. Meals will
only be consumed in cells, rooms or other personal living spaces where security, control or
discipline require that an inmate or youth not join the general population during meals.
6. Inspections
A provincial medical health officer or a public health inspector shall inspect all food service
areas, at least annually.
7. Sanitary Measures
All food service programs shall provide for the elimination of vermin and pests.
All food service personnel, including inmates assigned to food services work, shall be trained in
proper sanitation procedures. Further, every food handler shall:
(a) observe good personal hygiene,
(b) wear clean garments and clean footwear, and
(c) wash his/her hands thoroughly before commencing duty and after using the toilet.
As well, people with open infected wounds or who are not otherwise in good health should not
be part of the food service program.
A comprehensive program shall be in place to maintain the level of sanitation of all food service
facilities and equipment.
8. Fire and Safety Requirements
Food service program facilities and equipment in each correctional centre shall meet local fire
and safety requirements.
9. Inmate Meals
Inmates from the living units shall eat their meals in association in the dining halls.
It shall be the responsibility of the food services supervisor and his/her assistants to provide
food for the inmates from well-balanced meals.
Meals served in the dining rooms shall be inspected by the officer in charge of the institution or
his/her delegate, and on an irregular basis by the senior duty officer and the institution physician.
Inspecting officers shall record their assessment of the quality and quantity of the meal on the
form provided for this purpose.
9.(a) Working Model- Meal Times
Breakfast Times
0800 hours - 0845 hours
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0845 hours - dining halls cleared
Lunch Times
1200 hours - 1245 hours
1300 hours - dining halls cleared
Supper Times
1630 hours - 1745 hours
1800 hours - dining halls cleared
10. Officers’ Meals
Meals will be provided to staff only in accordance with existing collective agreements, or when
authorised by the director, for security and program requirements.
Prison service employees will only be given a meal if they are required to be on duty without an
unpaid meal period for the full duration of their shift.
A noon meal shall not be served to an officer unless his/her working hours span the noon hour.
Meals, other than at noon, may be authorised for officers working overtime by the officer
authorizing the work.
11. Sanitary Control
The food services supervisor shall ensure that clean and sanitary conditions exist in the dining
and food preparation areas at all times. As part of the process, refrigerator and dishwasher
temperatures shall be checked daily to ensure that they meet health standards. These
temperatures shall be recorded in a daily log to allow for inspection.
12. Inspections
12.(a) Daily Inspections
The food service officer shall conduct, between 0800 and 1600 hours, daily quality assurance
and inventory inspections of each residence by:
(i) Checking proper storage and inventory levels or rations
(ii) Checking cleanliness and condition of refrigerators, dishwasher, stoves and small
kitchen appliances
(iii) Checking the overall cleanliness of the kitchen work area and dining room
(iv) Checking for damage of all food service property caused through intentional
abuse
(v) Conduct follow up inspections to ensure compliance and correct any deficiencies
12.(b) Annual Inspections
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A provincial medical health officer or a public health inspector shall inspect all food service
areas, at least annually.
13. Staff Responsibilities
13.(a) Orientation Programs
The prison’s service shall ensure that workers engaged in food service programs receive, prior
to or at least at the outset of service, an orientation designed to familiarize participants with:
(a) the operations and responsibilities of the prison’s service;
(b) measures designed to safeguard the safety, security and discipline of prison’s service
facilities, including the prevention of the presence and elimination of contraband; and
(c) the respective roles and responsibilities of the prison’s service employees and the
employees of food service contractors.
13.(b) Evening Staff
The staff working on the evening shift shall ensure all food preparation knives are returned to the
knife storage rack.
14. Inmate Fasting
14.(a) Definition
For the purposes of this policy a ‘fast’ is defined as a complete and voluntary abstinence from
nourishment, by an inmate acting on the basis of unimpaired and rational judgment concerning
the consequences of such action.
14.(b) Right to Fast
Even though prison staff are charged with providing ‘necessities of life’ and the
safekeeping of inmates within the correctional centre, inmates do have the right to fast, even to
the point of their own death.
Provided the inmate is:
(a) of the age at which a person may consent to his/her own medical treatment,
(b) mentally competent, and
(c) conscious,
staff shall not interfere with an inmate’s exercise of this right.
14.(c) Authority
Prison policy regarding inmate fasting shall be based upon relevant provisions of the charter and
the criminal code, as well as:
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(i) The general consent standards for medical practice
(ii) The position taken by college of physicians and surgeons regarding forced feeding
Local example
1. One cannot treat a person against his/her will, other than under court order and the
requirement of consent is an over-riding consideration.
2. One cannot feed against the will of a person, but as a precautionary measure, the most that
can be done is to place food and water available to the person and ensure the person is made
aware of the consequences of his/her action.
3. The International Covenant on Civil and Political Rights adopted by the General Assembly of
the United Nations, which in Article 10.1 states:
“ . . . all persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person” which is interpreted to mean that a person,
while of sound mind has the right to refuse medical intervention and has the right to fast,
even to the point of his/her own death;
4. The Guidelines for Medical Doctors concerning Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment in relation to Detention and Imprisonment adopted by the
29th Medical Assembly, Tokyo, Japan in October 1975, which includes the following
declaration:
“Where a prisoner refuses nourishment and is considered by the doctor as capable of
forming an unimpaired and rational judgment concerning the consequences of such a
voluntary refusal of nourishment, he or she shall not be fed artificially. The decision as to
the capacity of the prisoner to form such a judgment should be confirmed by at least
one other independent doctor. The consequences of the refusal of nourishment shall be
explained by the doctor to the prisoner.”
14.(d) Notification
When it becomes known that an inmate is fasting, it is the responsibility of prison staff to ensure
notification is given to:
(a) the prison warden, and
(b) the clinician responsible for the health care of the inmates in the correctional centre,
either immediately if the inmate has already been fasting for twenty-four hours or more or within
twenty-four hours if the inmate has just commenced fasting.
Within twenty-four hours of receiving notification, the warden shall ensure close family
members, friends, or relatives of the inmate are contacted and apprised of the situation.
Furthermore, the commissioner shall be notified of fasting inmates as soon as the fast:
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(a) becomes a matter of public information,
(b) seriously disrupts the management of the prison, or
(c) reaches the tenth day;
whichever occurs first.
14.(e) Surveillance
While the inmate continues to fast, prison staff shall:
1. Place food and water where it is available to the inmate at all times.
2. Keep the inmate under close observation, maintain frequent communication with the
inmate and encourage the inmate to eat.
3. Encourage frequent visits and discussions with close family members, friends or
relatives who may assist in persuading the inmate to break his/her fast.
4. Inform medical staff immediately of any deterioration in the inmate’s state of health,
especially loss of consciousness.
14.(f) Transfer
Where an inmate becomes unconscious, or where the clinician determines that there exists an
imminent threat to the life of an inmate, the prison warden on the advice of the clinician shall
transfer the inmate to a hospital facility by way of an emergency medical absence.
14.(g) Record Keeping
While an inmate is fasting, prison staff shall keep a record including:
(i) All meals missed or refused by the inmate
(ii) The inmate’s stated purpose of his or her fast
(iii) The names and telephone numbers of close family members, friends or relatives who
may assist in persuading the inmate to break his/her fast
(iv) The inmate’s response to encouragement by staff, and other persons in contact with
the inmate
(v) The inmate’s general appearance and condition
The purpose of these records is twofold:
1. To provide the clinician with relevant information to assist him/her in managing the
health of the fasting inmate.
2. To ensure there is a detailed and accurate record of how the case was handled.
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E. RECREATION & SPORT
1. Physical Plant
Secure prisons shall incorporate, within the security perimeter, an all purpose, outdoor athletic
field for use in team sports. The field should be primarily landscaped with grass and be
adequate for soccer and football.
Secure prisons shall incorporate, within the security perimeter, an outdoor activity area or areas
to facilitate both passive and active recreational opportunities. These areas may also be
designated fire refuge areas and shall be sufficiently large to contain the entire inmate population
at any one time allowing at least 3.7 square metres per person.
Secure custody centres shall incorporate an indoor gymnasium.
F. SPECIAL GROUP TREATMENT
1. Insane and Mentally Disordered Prisoners
1.(a) Policy Objective
To provide guidelines regarding action taken for housing of the identified mentally ill and/or
mentally challenged offenders within the institution.
1.(b) Consultation
There shall be joint consultation between senior prison officials and relevant health care
personnel prior to taking action regarding the identified mentally ill and/or mentally challenged
offenders in the following areas:
(i) Housing assignments
(ii) Program assignments
(iii) Disciplinary measures
(iv) Transfers to other institutions
1.(c) Action to be Taken
This consultation is essential so that all concerned groups are able to make sound decisions
concerning housing arrangements, work assignments and disciplinary management for offenders
identified as having special needs.
1.(d) Transfers
Arrangements are to be made as soon as possible to transfer acutely ill offenders to an
appropriate facility if they can not be adequately stabilized in the institution in a reasonable
period of time.
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When it is necessary to transfer an inmate to a mental health facility, the prison warden in
consultation with a clinician upon the written approval of the district director, may effect the
transfer as follows:
1. Sentenced Inmates
(a) By preparing the following documents and sending them to the director of a
provincial mental health facility:
(i) Two certificates completed by two physicians
(ii) An application for admission
Upon receipt of the above documents, the director of the mental health facility may
admit the inmate to the facility for treatment.
Where application is made directly to the director of a mental health facility, and the
inmate is accepted for admission, the correctional centre making the application shall
release the inmate by way of an emergency or non-emergency medical temporary
absence authorisation permit.
Where the inmate is not well by the time his/her sentence expires, the director of the
provincial mental health facility will re-certify him/her and retain him/her under the mental
health act. In due course, when the inmate is recovered, he/she will be released directly
from the mental health facility. It is for this reason that the personal effects should
always accompany any inmate transferred to a mental health facility.
2. Remanded Inmates
Where the behaviour of an inmate on remand is indicative of mental illness, the services
of a medical doctor should be obtained so that he/she can form an opinion as to
whether the inmate is in need of psychiatric care. Depending upon circumstances,
crown counsel may decide to return the inmate to court:
(a) to enter a stay of proceedings and have the inmate committed,
(b) to seek a thirty day remand for a psychiatric assessment, or
(c) for a finding of unfit to stand trial.
In the event of (a) or (b) having occurred, the inmate would be escorted to the
forensic psychiatric institute.
1.(e) Mental Health Committee
1.(e)(i) Policy Objective
To provide guidelines covering the procedures of the mental health committee.
1.(e)(ii) Responsibilities
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The mental health committee shall be comprised of the following members:
(i) Coordinator, case management
(ii) Chief, psychological services
(iii) Coordinator of mental health or mental health therapist
(iv) Senior prison official
1.(e)(iii) Meetings
Meetings will be held at a minimum of once a month.
1.(e)(iv) Purpose
To make recommendation for the utilisation of and the prioritisation of both internal and external
resources for mental health.
Administrative tasks reviewing the efficiency and effectiveness of current systems.
Review and recommend new internal and external mental health programs.
Provide information to institutional staff regarding criteria and appropriateness of
referrals.
1.(e)(v) Evaluation
The committee shall also be the final recommendation stage for any mental health program
before submission to senior policy committee.
The committee may also be called upon, for specially referred inmates to evaluate
proposed management/treatment plans.
2. Transsexual Inmates
2.(a) Introduction
Transsexuals are persons genetically of one gender with a psychological urge to belong to the
other gender. These persons are characterized by their feeling of discomfort and
inappropriateness about their anatomical gender and by persistent behaviour generally
associated with the other gender. There is usually a desire on the part of the individual to alter
his or her sex organs in order to function as a member of the other gender.
After a psychological, psychiatric, physical and social assessment, a transsexual living in the
community in a stable environment would normally progress through a treatment program as
follows:
1. Psychological/psychiatric evaluation to assess the degree of the person’s
transsexuality.
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2. The person lives as a member of the other gender (e.g. dress, hairstyle, etc.) for a
period of time (e.g. a few years).
3. Hormonal therapy is initiated (causing changes in facial and body hair growth, breast
structure, etc.).
4. Surgical removal of sex organs (e.g. castration- removal of testes or ovaries,
hysterectomy-removal of uterus, etc.).
5. Surgical reconstruction of sex organs (e.g. penis, vaginal cavity, etc.).
6. Application is made to the courts and vital statistics branch of the ministry of health
for official sex change on birth certificate.
2.(b) New Admissions
Inmates claiming to be transsexuals, who are admitted to prison without
previous medical assessment, may request a medical assessment in order to determine:
(a) the validity of a claim of transsexualism, and
(b) appropriate placement in a male or female prison.
Correctional centre staff may also request such assessment.
2.(c) Re-admissions
On re-admission, where a previous medical assessment had been carried out, a reassessment
shall be performed to determine the extent of the inmate’s progress in the treatment program.
2.(d) Treatment
As the required levels of personal support may not be present in a prison setting, it is not
expected that progression in the treatment program will occur while the inmate is in custody.
However, the inmate will be maintained at the current level of treatment (e.g. if the inmate was
taking hormones in the community, the medication will be continued in custody).
2.(e) Refusal to Consent to Medical Assessment
If an inmate refuses to consent to a medical assessment, the inmate shall be placed in a male or
female prison according to the best judgement of medical staff based on the extent of the
inmate’s apparent progress in the treatment program.
2.(f) Procedure for Medical Assessment
Upon request for a medical assessment, the nurse shall be informed and arrangement shall be
made for the inmate to be assessed by a medical doctor and psychologist and/or psychiatrist as
soon as possible.
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While awaiting such assessment, the inmate shall be held separate from the general
population in the prison to which the inmate was admitted.
Following the assessment, the medical doctor shall inform the correctional centre director of the
recommended appropriate placement.
Treatment of those confirmed as transsexuals shall follow established medical practice.
2.(g) Placement Criteria
Transsexuals who have not progressed beyond Step 3 in the process shall be placed in a
correctional centre consistent with their originating genders.
3. Potential Suicide and Para -Suicidal Inmates
3.(a) Policy Objective
To provide guidance and procedures to staff for the detection of potential suicide and parasuicidal inmates.
To ensure that prompt action is taken in the event of an inmate self-inflicted injury and/or suicide
attempt.
Set forth the post incident actions to be completed after each self inflicted injury and/or suicide
attempt.
3.(b) Preamble
A principle of prison’s service policy focuses on providing safe custody for all inmates in
prisons. The purpose of this policy is to assist prison staff in preventing inmates from attempting
and committing suicide by providing guidelines and procedures for:
1. Identification of suicidal inmates.
2. Assigning responsibilities to staff.
3. Indicating preventative measures to be taken.
3.(c) Identification of Suicidal Inmates
Research indicates that suicides and attempts at suicide in prisons may occur at any time;
however, several general principles do provide a focus:
1. The probability of self-destructive behaviours in proportion to the level of security
with the greatest number of suicides and suicide attempts occurring in secure settings.
2. The greatest number of suicides occurs in general population cells, however,
protective custody, observation and segregation areas have the highest suicide rates (in
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proportion to the number of inmates contained). Thus these areas require greater
attention from a suicide prevention point of view.
3. Most suicides do not occur at the time of admission or shortly thereafter, but later
and usually among the remand population as court appearances approach or trials
begin, especially on serious offences.
4. Sentenced inmates may become suicidal at any time in their sentence through any
number of developments ranging from the separation of a wife/husband (girl/boyfriend),
loss of a significant community resource, inmate pressure, illness, or other factors that
impact on the inmate’s adjustment to imprisonment.
The key to inmate suicide prevention is the noting and reporting of abnormal behaviour, social
withdrawal, verbal references to self-harm, depression, and reaction to setbacks.
3.(d) Inmates at Risk
The following guideline may help identify potentially suicidal inmates.
1. Have previous suicide attempts.
2. Have recently lost wife, girlfriend, husband or significant friend.
3. Have previous psychiatric history and are currently depressed.
4. Begin verbalizing about self-harm or suicide to staff or inmates.
5. Are remanded awaiting trial facing serious charges.
6. Have no community resources (transients, no visitors, and no supports).
7. Are contesting deportation and face severing current relationships and possible
consequences in home countries.
8. Begin giving away their personal effects.
9. Have normally been involved socially with other inmates and institutional programs,
then suddenly, for no apparent reason, turn inward and discontinue this association with
others.
10. Display an unusual ‘apparent calm’ which is inappropriate given current
circumstances.
The coordinator of case management will make available to the mental health coordinator a list
of individuals being transferred.
The reception officer or the assigned case management officer shall review all new inmate case
management files to determine potential suicide and/or self inflicted injury cases.
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The coordinator of mental health or his/her delegate will review the inmate’s medical files.
The coordinator correctional operations shall attempt to determine if inmates being transferred in
have a history of suicide attempts.
The reception officer will closely monitor reception inmates and report any unusual behaviour to
the appropriate area (psychology, case management, health care etc.).
All staff are responsible for monitoring and reporting on inmates identified as suicidal/self-injury
cases and those inmates exhibiting unusual behaviour. The reporting of such cases must be
immediate so intervention may be initiated with the goal of preserving life.
3.(e) Information Sources
It is important to identify suicidal inmates as soon as possible through Branch information
systems and coordinated staff communication.
The following are sources of information to help identify potentially suicidal inmates:
1. Admission
(Advice from police or sheriffs, admission interview, staff knowledge of the
inmate, previous progress logs, and provincial case file C.A.R.E. system
comment screen)
2. Probation file
(Pre-sentence reports- community reports)
3. Current observations
(Progress log- behaviour)
4. Medical file
(Psychiatric reports- report of self-harm)
5. Mail/phone calls
(‘Dear John/Jane letters’- talking of suicide)
6. Court decisions
(Found guilty, lengthy sentence, deportation, divorce, child custody, transfer)
7. Family history
(Previous suicides among family or friends and warnings from family or visitors)
8. Inmates
(Inmates often tip staff on suicide risks)
3.(f) Staff Responsibilities
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Staff members shall discuss their concerns regarding any inmate they feel may be selfdestructive, or any information coming to their attention regarding self-destructive or unusual
behaviour, with the director or officer in charge. These observations and discussions are
entered on the inmate’s progress log.
3.(g) Officer in Charge Responsibilities
The officer in charge of the shift shall coordinate information on ‘at risk’ inmates and is
responsible for:
(a) making the determination as to the identification of the inmate as ‘being at risk’,
(b) advising medical/psychiatric services,
(c) taking steps to increase surveillance of the inmate and/or move the inmate to a
location where surveillance is facilitated,
(d) tagging the file, as ‘possible suicidal’ (manipulative or not), and
(e) entering the inmate’s name on the unit’s ‘at risk list’ and posting for staff to note at
shift commencement.
The officer in charge will thus advise his/her staff on shift, of those inmates requiring special
attention and those identified as ‘at risk’. In the course of time, the director, in consultation with
his/her staff and medical/psychiatric personnel, will decide when and if the ‘at risk’ designation
should be removed.
Where an inmate’s ‘at risk’ designation is removed, the comment screen or progress log should
note ‘at risk’ history for future reference.
3.(h) Notification
Inmates identified from file information as having previously attempted suicide or self-injury shall
be brought to the attention of:
(i) Warden/deputy warden
(ii) Coordinator correctional operations
(iii) Coordinator of mental health or designate
(iv) Psychology department
(v) Case management officer
(vi) Duty unit manager who shall ensure that the information is disseminated at morning
meetings and shift briefings
3.(i) Intervention
Any staff member becoming aware of or observing self-injurious behaviour on the part of an
inmate shall immediately notify the chief of health services, psychologist and the duty manager or
supervisor on duty by telephone, with follow-up written documentation.
The duty manager or supervisor shall ensure that staff are informed of the situation.
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A review of active risk cases by the chief of health services, psychologist, and the case
management officer will be completed and a plan of action established indicating areas of
concern and monitoring required. A memorandum will be sent to the deputy warden and a
copy placed on the inmate’s medical file.
In cases of significant suicidal risk, the mental health services or duty nurse or the psychologist
shall interview the inmate within one working day, sooner if necessary, and determine the level
of monitoring and intervention required and consult with the duty manager or supervisor in
charge.
The psychologist or mental health coordinator shall complete a written report indicating level of
monitoring, cause of behaviour, medication and its effects, possibility of future attempts and past
history of attempts.
The duty manager or supervisor in charge shall ensure that segregation staff are fully briefed
when suicide watch is established in dissociation or hospital observation cells. The warden or
delegate will be advised of any self-inflicted injury that occurs during off-hours.
3.(j) Follow-up/Tracking
The mental health nurse or duty nurses shall ensure that the inmate is interviewed daily to
reassess immediate suicide factors.
The termination of the suicide watch shall be at the discretion of the psychologist/ psychiatrist or
mental health coordinator or designate initiating the watch, in consultation with the duty manager
or supervisor in charge. The psychologist or health care officer shall complete a memorandum
outlining the rational for termination and follow-up treatment. A copy of this report shall be
placed on the offender’s medical file with a copy given to the deputy warden.
Relevant resource persons may be contacted and utilised as necessary during the critical period
while the inmate remains suicidal. The duty manager or delegate will be responsible for
coordinating the services of these resource personnel.
All inmates showing active risk shall be brought forward at the segregation review committee
and at the mental health committee meeting where treatment strategies shall be established and
monitored.
The training of staff in the recognition of potentially suicidal inmates shall be on-going and shall
be the respons ibility of the staff training officer of the prison.
Prior to the completion of their shifts, all staff involved with the incident shall complete a report.
The correctional supervisor in charge and/or duty manager shall review all reports and ensure
that all information is available prior to the completion of their shifts.
3.(k) Preventative Action
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Once an inmate is brought to the attention of staff members as being potentially self-destructive,
efforts should be made to increase communication with the inmate at risk. Merely increasing
surveillance may not solve the problem or prevent suicide.
Similarly, reliance on mechanical surveillance, (e.g. television monitoring) and/or removal of all
materials that could be utilised in suicide attempts, will not be as effective as personal contact.
An option staff may wish to consider, is placing the inmate in a dormitory setting to increase
his/her contact with other inmates if they might represent support.
Moving the ‘at risk’ inmate to a special observation or a health care unit, if available, may be
appropriate if other strategies are ruled out or are deemed ineffective.
3.(l) Transfer ‘At Risk’ Inmates
When an at risk inmate is transferred within the prison system,
(a) the receiving institution should be informed by a telephone call (the sending institution
providing as much detail as possible to ensure adequate care is provided at destination),
and
(b) a classification alert (C.A.) should be added to the case file.
3.(m) Release Procedures for Suicidal Inmates
When an inmate has been listed as a suicide risk during his/her period of incarceration and
particularly when he/she remains ‘at risk’ at time of discharge, liaison staff should alert
community resources.
Staff filing inmate release forms provide information regarding suicide and ‘at risk’?potential to
local police.
Other forms similarly alert probation supervisors in the case of those being released have
probation orders to follow incarceration.
In cases of serious risk, local ‘suicide watch’ or suicide follow-up groups could be advised of
the offender’s release.
The ‘at risk’ inmate should be provided with information and telephone numbers of local suicide
assistance groups.
3.(n) Contingency Plans
Upon discovery of a suicide attempt, timing and mobilisation of resources are of critical
importance. In this regard, it is important for each local director to have contingency plans,
preferably in the form of checklists, to assist his/her staff in responding to all forms of
emergencies, including suicides.
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1. Prison wardens should ensure their staff are aware of contingency plans and readily
available with shift operations and principal officers.
2. Every secure unit shall provide staff training and ready access to a Brooke Airway in
the event of emergency. Similarly, all secure units shall provide staff’s access to scissors
or knives to be used in the event an inmate must be cut down if he/she attempts hanging.
3. Correctional staff are the first line of defense in saving lives and should take
immediate action to remove hazards. Staff will turn over life-saving efforts to medical
personnel upon their arrival but should remain to assist as directed.
4. As soon as is practically possible, the victim’s cell should be secured for the
preservation of evidence. Staff efforts to save his/her life should necessarily take first
priority. However, staff should be observant in situations in the event foul play is later
suspected and/or to assist in a coroner’s inquiry or police investigation.
5. Each staff member who has knowledge of any circumstances surrounding the attempt
or the suicide, or participated in the activities surrounding these, shall immediately
prepare a written report covering all those circumstances.
3.(o) Emergency Procedures Re: Hanging
As hanging is the most lethal method of attempting suicide, focus is placed on prevention,
discovery, cutting down and resuscitation procedures.
1. While speed is of the essence in cutting down a hanging inmate, it is nevertheless
important to be able to ensure that the inmate (often unconscious) does not further injure
him/herself by falling after being cut down. Ideally, two staff members should conduct
this procedure with one staff holding the victim and the other cutting the hanging device
(usually bedding, towel or clothing).
2. It is essential that staff finding the victim immediately remove the device from the neck
of the victim, clear the airway and commence mouth to mouth resuscitation/CPR
procedures without waiting for the arrival of specialised personnel.
3.(p) Emergency Procedures Re: Slashing
Slashing, the most frequent method of ‘attempting suicide’ and the method most often
associated with attention-getting or manipulation, is nevertheless serious when deep wounds are
inflicted or arteries severed.
Staff finding a serious slashing attempt should first call for backup and medical assistance, then
apply first aid procedures to stop the flow of blood.
3.(q) Emergency Procedures Re: Poisoning
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To combat one of the rarer methods of suicide, the ingestion of corrosives or poisons, it has
been found valuable for medical staff to compile a list of antidotes and treatment regimens for
each of the chemicals, cleansers or solvents inmates might gain access to in a prison.
Provision of a list of antidotes available can save valuable time when treating apparent
poisonings.
3.(r) Community Medical Services
In the case of a serious attempt requiring community medical attention, immediately removing
the inmate to the hospital under escort should be arranged.
4. Women’s Health Services
A pregnancy test shall be carried out on all females of childbearing age before any
immunisations are given.
Discussion:
The use of immunisations on pregnant women can cause negative
complications for the pregnancy.
5. Juvenile Health
Health care services provided by qualified health personnel shall be available to each
inmate/youth.
Discussion:
The primary purpose of health services is to treat illness, injury and disease
in order to restore or improve the health of the individual. In fulfilling this
goal, the prison’s service ensures access by offenders to all levels of care
obtainable by the population at large.
Informed consent shall be obtained by the institutional health care professional in all instances
defined by the director of health services and standing written policy. The inmate shall have the
right to refuse treatment.
Discussion:
Informed consent is the agreement by the patient to a treatment examination
or procedures after the patient receives the material facts regarding the
nature, consequences, risks and alternatives concerning the proposed
treatment, examination, or procedure. Medical treatment without consent
by an inmate or youth could result in legal complications. In the case of
minors, the informed consent of parent, guardian or legal custodian applies
when required by law.
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All information obtained in the course of treatment shall be confidential with the only exceptions
being:
(a) the legal and ethical obligations in response to a clear and present danger of grave
injury to self or others,
(b) with respect to a threat to the security of an institution, or
(c) medical information necessary to security staff for the safe management of an
inmate.
The health professional shall, in all cases, explain the limits of confidentiality to the patient.
Discussion:
The principle of confidentiality protects the patient from disclosure of
confidences entrusted to a health professional during the course of
treatment. The law recognises both an ethical and civil liability to ensure
confidentiality. The active health record is to be maintained separately from
the prison record.
This does not affect the health professionals’ ability to advise of an
inmate/youth’s ability to work, nor does it affect his/her ability to advise on
issues related to institutional security.
Upon admission, youths shall be provided with warm, clean clothing of a suitable size,
appropriate to the climate, program and circumstances.
In instances where youths being discharged from residential programs lack appropriate noninstitutional clothing, the program shall ensure the youth is provided with clothing appropriate to
the climate and circumstances.
International Centre for Criminal Law Reform and Criminal Justice Policy
The International Centre for Crimina l La w Refo rm and Criminal Justice Policy
VI DISCIPLINE
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VI DISCIPLINE
Table of Contents
PART ONE: UN GUIDELINES................2
A. GENERAL............................................................2
B. LIMITS ON DISCIPLINARY
MEASURES .........................................................2
1. Legal Authority......................................................2
2.Torture- Definitions...............................................3
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
3. Prohibition Against Torture as a Form of
Punishment...........................................................3
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
4. State Responsibility...............................................3
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
5. Duties of Institutional Personnel..........................3
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
6. Other Forms of Punishment.................................3
7. Inmate Rights During Disciplinary
Proceedings...........................................................4
7.(a) Right to be Informed of Charge and
Make Defense.............................................4
7.(b) Right to Make Complaint/
Investigation of Complaint ........................5
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
7.(c) Right to Redress.........................................5
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
7.(d) Prohibition Against Using Evidence
Obtained During Torture...........................5
– see III INMATE RIGHTS AND
TREATMENT OF PRISONERS
8. Prisoners not to be Employed in
Disciplinary Capacity..........................................5
9. Disciplinary Standards Applicable to
Juveniles................................................................6
PART TWO: PROPOSED PRISON
POLICY....................................................8
A. PURPOSE OF DISCIPLINARY
SYSTEM ...............................................................8
B. DISTRIBUTION OF RULES AND
REGULATIONS..................................................8
C. DISCIPLINARY OFFENCES ............................8
D. DISCIPLINARY PROCEEDINGS ....................9
1. Informal Resolution ..............................................9
2. Disciplinary Charges.............................................9
3. Offence Reports.....................................................9
3.(a) Purpose......................................................9
3.(b) Responsibility.............................................9
3.(c) Report.........................................................9
3.(c)(i) Content of Report........................10
3.(d) Supervisor Responsibilities ......................10
4. Investigating Officer............................................10
4.(a) General ....................................................10
4.(b) Investigating Officer’s
Responsibilities ........................................11
5. Determination of Offence...................................11
6. Inmate Notification..............................................11
E. DISCIPLINARY HEARINGS..........................12
1. Jurisdiction...........................................................12
2. Disciplinary Panel Guidelines............................12
3. Panel Scope and Structure ..................................12
4. Expediency...........................................................12
5. Assistance to Inmate............................................13
6. Inmate Participation ...........................................13
7. Formation of Panel ..............................................13
8. Procedural Steps..................................................13
9. Finding..................................................................15
10. Disposition.........................................................15
F. REVIEW OF PANEL DECISION....................16
1. General .................................................................16
2. Information of Judgment and Filing.................16
3. Storage of File......................................................17
G. FAILURE TO COMPLY..................................17
H. APPEAL PROCEDURES .................................17
I. SEGREGATION..................................................17
1. Definition..............................................................17
2. Policy Objective ...................................................17
3. Segregation Unit..................................................17
3.(a) Physical Plant ..........................................17
3.(b) Inmate Rights During Segregation ..........18
4. Logs.......................................................................19
5. Fire Safety and Evacuation ................................20
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VI DISCIPLINE
PART ONE: UN GUIDELINES
A. GENERAL
Standard Rules for the Treatment of Prisoners
1
Rule 27
Discipline and order shall be maintained with firmness, but with no more
restriction than is necessary for safe custody and well-ordered community life.
B. LIMITS ON DISCIPLINARY MEASURES
see also Section B 7 Inmate Rights During Disciplinary Proceedings below
1. Legal Autho rity
Standard Rules for the Treatment of Prisoners
2
Rule 29
The following shall always be determined by the law or by the regulation of the
competent administrative authority:
(i) Conduct constituting a disciplinary offense
(ii) The types and duration of punishment which may be inflicted
(iii) The authority competent to impose such punishment
Rule 30
1. No prisoner shall be punished except in accordance with the terms of such law
or regulation, and never twice for the same offence.
1
First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Geneva 1955,
approved by the Economic and Social Council Resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII)
of 13 May 1977.
2
Supra, note
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VI DISCIPLINE
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Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 3
Principle 30
1. The types of conduct of the detained or imprisoned person that constitute
disciplinary offences during detention or imprisonment, the adoption and duration
of disciplinary punishment that may be inflicted, and the authorities competent to
impose such punishment shall be specified by law or lawful regulations and duly
published.
2.Torture - Definitions
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
3. Prohibition Against Torture as a Form of Punishment
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
4. State Responsibility
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
5. Duties of Institutional Personnel
see III INMATE RIGHTS AND TREATMENT OF PRISO NERS
6. Other Forms of Punishment
Standard Minimum Rules for the Treatment of Prisoners
4
Rule 31
Corporal punishment, punishment by placing an inmate in a dark cell, and all
cruel, inhuman or degrading punishments shall be completely prohibited as
punishments for disciplinary offences.
Rule 32
1. Punishment by close confinement or reduction of diet shall never be inflicted
unless the medical officer has examined the prisoner and certified in writing that
he/she is fit to sustain it.
2. The same shall apply to any other punishment that may be prejudicial to the
physical or mental health of a prisoner. In no case may such punishment be
contrary to or departing from the principle stated in Rule 31.
3
General Assembly Resolution 43/173 of 9 December 1988.
4
Supra, note
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3. The medical officer shall make daily visits to pris oners undergoing such
punishments and shall advise the prison warden if he/she considers the
termination or alteration of the punishment necessary on grounds of physical or
mental health.
Rule 33
Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall
never be applied as a punishment. Furthermore, chains or irons shall not be used
as restraints. Other instruments of restraint shall not be used except in the
following circumstances:
(i) As a precaution against escape during a transfer, provided that they
shall be removed when the prisoner appears before a judicial or
administrative authority
(ii) On medical grounds by direction of the medical officer
(iii) By order of the prison warden, if other methods of control fail, in
order to prevent a prisoner from injuring him/herself or others or from
damaging property; in such instances the prison warden shall at once
consult the medical officer and report to the higher administrative
authority
Basic Principles for the Treatment of Prisoners 5
Principle 7
Efforts addressed to the abolition of solitary confinement as a punishment, or to
the restriction of its use, should be undertaken and encouraged.
7. Inmate Rights During Disciplinary Proceedings
7.(a) Right to be Informed of Charge and Make Defense
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment 6
Principle 30
2. A detained or imprisoned person shall have the right to be heard before
disciplinary action is taken. He/she shall have the right to bring such action to
higher authorities for review.
5
General Assembly Resolution 45/111 of 14 December 1990.
6
Supra, note
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VI DISCIPLINE
Standard Minimum Rules for the Treatment of Prisoners
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7
Article 30
2. No prisoner shall be punished unless he/she has been informed of the offence
alleged against him/her and given a proper opportunity of presenting his/her
defense. The competent authority shall conduct a thorough examination of the
case.
3. Where necessary and practicable the prisoner shall be allowed to make his/her
defense through an interpreter.
7.(b) Right to Make Complaint/Investigation of Complaint
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
7.(c) Right to Redress
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
7.(d) Prohibition Against Using Evidence Obtained During Torture
see III INMATE RIGHTS AND TREATMENT OF PRISONERS
8. Prisoners not to be Employed in Disciplinary Capacity
Standard Minimum Rules for the Treatment of Prisoners
8
Rule 28
1. No prisoner shall be employed, in the service of the institution, in any
disciplinary capacity.
2. This rule shall not, however, impede the proper functioning of systems based
on self-government, under which specified social, educational or sports activities
or responsibilities are entrusted, under supervision, to prisoners who are formed
into groups for the purpose of treatment.
7
Supra, note
8
Supra, note
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9. Disciplinary Standards Applicable to Juveniles
United Nations Rules for the Protection of Juveniles Deprived of Their Liberty
9
Rule 66
Any disciplinary measures and procedures should maintain the interest of safety
and an ordered community life. They should be consistent with the upholding of
the inherent dignity of the juvenile and the fundamental objective of institutional
care, namely, instilling a sense of justice, self respect and respect for the basic
rights of every person.
Rule 67
All disciplinary measures constituting cruel, inhuman or degrading treatment shall
be strictly prohibited. These measures include corporal punishment, placement in
a dark cell, closed or solitary confinement or any other punishment that may
compromise the physical or mental health of the juvenile concerned. The
reduction of diet and the restriction or denial of contact with family members
should be prohibited for any purpose. Labour should always be viewed as an
educational tool and a means of promoting the self-respect of the juvenile in
preparing him or her for return to the community and should not be imposed as a
disciplinary infraction. Collective sanctions should be prohibited.
Rule 68
Legislation or regulations adopted by the competent administrative authority
should establish norms concerning the following, taking full account of the
fundamental characteristics, needs and rights of juveniles:
(i) Conduct constituting a disciplinary offence
(ii) Type and duration of disciplinary sanctions that may be inflicted
(iii) The authority competent to impose such sanctions
(iv) The authority competent to consider appeals
Rule 69
A report of misconduct should be presented promptly to the competent authority,
which should decide on it without undue delay. The competent authority should
conduct a thorough examination of the case.
9
General Assembly Resolution 451113 of 14 December 1990.
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VI DISCIPLINE
Rule 70
No juvenile should be disciplinarily sanctioned except in strict accordance with
the terms of the law and regulations in force. No juvenile should be sanctioned
unless he or she has been informed of the alleged infraction in a manner
appropriate to the full understanding of the juvenile, and given a proper
opportunity of presenting his or her defense, including the right of appeal to a
competent impartial authority. Complete records should be kept of all
disciplinary proceedings.
Rule 71
No juveniles should be responsible for disciplinary functions except in the
supervision of specified social, educational or sports activities or in self government programs.
Rule 87
In the performance of their duties, personnel of detention facilities should respect
and protect the human dignity and fundamental human rights of all juveniles, in
particular as follows:
(a) No member of the detention facility or institutional personnel
may inflict, instigate or tolerate any act of torture or any form of
harsh, cruel, inhuman or degrading treatment, punishment, correction
or discipline under any pretext or circumstance whatsoever.
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VI DISCIPLINE
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PART TWO: PROPOSED PRISON POLICY
A. PURPOSE OF DISCIPLINARY SYSTEM
The purpose of the disciplinary system and the regulations is to encourage inmates to
conduct themselves in a manner that promotes the good order of the penitentiary, through
a process that contributes to the inmates’ rehabilitation and successful reintegration into
the community.
B. DISTRIBUTION OF RULES AND REGULATIONS
Each correctional institution shall make available a copy of the institution’s rules and
regulations to each inmate upon admission.
Any change in rules and regulations shall be immediately conveyed in writing to all
inmates or posted on a bulletin board by the officer in charge.
C. DISCIPLINARY OFFENCES
An inmate commits a disciplinary offence when he/she:
(a) disobeys a justifiable order of a staff member;
(b) is, without authorisation, in an area prohibited to inmates;
(c) willfully or recklessly damages or destroys the property of others or that of the
institution;
(d) commits theft;
(e) is in possession of stolen property;
(f) is disrespectful or abusive toward a staff member in a manner that could
undermine a staff member’s authority;
(g) is disrespectful or abusive toward any person in a manner that is likely to
provoke a person to be violent;
(h) fights with, assaults or threatens to assault another person;
(i) is in possession of, or deals in, contraband;
(j) without prior authorisation, is in possession of, or deals in, an item that is not
authorised by a directive or by a written order of the institutional head;
(k) takes an intoxicant into his/her body;
(l) fails or refuses to provide a urine sample when demanded pursuant to local
guidelines;
(m) creates or participates in:
(i) a disturbance
(ii) any other activity that is likely to jeopardise the security of the
penitentiary;
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VI DISCIPLINE
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(n) does anything for the purpose of escaping or assisting another inmate to
escape;
(o) offers, gives or accepts a bribe or reward;
(p) without reasonable excuse, leaves work or refuses to work;
(q) engages in gambling;
(r) willfully disobeys a written rule governing the conduct of inmates; or
(s) attempts to do, or assists another person to do, anything referred to in
Paragraphs (a) to (r).
D. DISCIPLINARY PROCEEDINGS
1. Informal Resolution
Where a staff member believes on reasonable grounds that an inmate has committed or is
committing a disciplinary offence, the staff member shall take all reasonable steps to
resolve the matter informally, where possible.
2. Disciplinary Charges
When an inmate breaches a rule and the circumstances are such that the breach can be
settled informally, the officer should, subject to established limitations, attempt to do so.
If that avenue is not available, the officer shall deal with the incident formally and in
writing.
3. Offence Reports
3.(a) Purpose
To establish procedures for staff to follow when an inmate’s behavior warrants the
completion of an offense report.
3.(b) Responsibility
It is the responsibility of all employees of the prison service, contractors and contractors’
employees to observe and initiate written repor ts on inmates who are displaying negative
behavior.
3.(c) Report
A concise account of the inmate’s behavior shall be recorded on an inmate offense report
and notification of charge report. The report must include all information necessary to
ensure that the incident is fully recorded and the written report is sent to the designated
supervisor’s office for further action.
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3.(c)(i) Content of Report
A violation of institutional rules, when filed, shall include or be accompanied by, but not
necessarily limited to the following information:
(i) The identity of the inmate
(ii) Specific rule(s) violated
(iii) The location, date and time of the breach
(iv) Formal statement of charge
(v) A statement of any unusual inmate behavior
(vi) The circumstances of the breach
(vii) Staff and/or inmate witnesses
(viii) Disposition of any physical evidence
(ix) Any immediate action taken, including use of force
(x) Reporting staff member’s signature, the date and time report is prepared,
and signed and dated report of the investigating officer
(xi) Any statements made by the inmate, including reasons for the behavior
3.(d) Supervisor Responsibilities
The reporting officer shall, prior to the completion of the shift, present the report to the
immediate supervisor, who shall review the allegations with the reporting officer. The
supervisor shall sign the report only after being satisfied that:
(a) the charge cannot be handled informally;
(b) there is sufficient evidence to support a charge; and
(c) the proper charge is being used.
In signing the report, the supervisor is confirming the propriety of the action taken.
Once the supervisor signs the report, the inmate shall be provided with a copy. The
reverse side of the inmate’s copy contains relevant advice respecting the hearing.
A copy of the report is then delivered to the prison warden or designate.
The duties of the reporting officer are not completed with this phase of the process. The
report shall be tendered in evidence at the hearing. Should the inmate enter a denial of
the allegation, the reporting officer shall be called to give evidence.
4. Investigating Officer
4.(a) General
An investigating officer may be identified to independently investigate the circumstances
around the violation, and his/her report is to be submitted to the panel independently of
the report of the staff member charging the inmate.
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An investigating officer may be appointed by the prison warden or designate, when
either:
(a) the report does not contain all relevant information and data to support the
disciplinary hearing; or
(b) the severity of the allegation warrants further investigation; or
(c) the circumstances appear relatively complex.
The investigating officer or the reporting officer, as the case may be, shall be available to
give evidence at the hearing.
4.(b) Investigating Officer’s Responsibilities
The appointed investigating officer shall record:
(a) the accounts of witnesses, staff and inmates, who can give direct evidence,
(b) the offending inmate’s account of the incident, and
(c) a synopsis of the incident.
The duties of the investigating officer are completed, with this phase of the process,
except for the giving of evidence at the hearing.
5. Determination of Offence
A designated senior prison official will be responsible for designating the charge and for
determining if it should be minor or serious. If there are concerns regarding the offense,
the originator of the report shall be contacted for clarification.
Once designated, the officer in charge shall forward the report to the prison warden or
designate for review and he/she will sign agreeing to the need for the offense report or
will indicate that a charge is not warranted.
6. Inmate Notification
A copy of the offense report will be given to the inmate with the proposed hearing date.
The officer providing the inmate with a copy of the offense report shall also inform the
inmate of his/her right to council and provide him/her with the list of lawyers.
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E. DISCIPLINARY HEARINGS
1. Jurisdiction
When an inmate is alleged to have committed an act which constitutes an indictable
offence, the prison warden shall consult with local crown counsel to determine whether
the case should be dealt with in an outside court or as an internal disciplinary matter.
2. Disciplinary Panel Guidelines
Though some of an inmate’s normal rights have been suspended or restricted by
incarceration, it is nevertheless important to recognise and accept the premise that the
principles of administrative and procedural fairness apply at these hearings. An inmate is
entitled to a fair hearing, to hear and be heard, while undergoing this internal disciplinary
process.
A disciplinary hearing is not a criminal trial; it is an administrative hearing with
procedural rules to ensure a fair presentation of evidence, a hearing for both sides, and a
just determination of the facts.
The purpose of these guidelines is to assist staff through the procedural steps in
disciplinary hearings, and simultaneously, to ensure that their responsibilities within this
framework are properly and adequately discharged.
3. Panel Scope and Structure
Disciplinary panels at prisons shall be established, as shall rules and regulations
governing:
(a) inmate conduct,
(b) breaches of conduct,
(c) panel procedures,
(d) dispositions, and
(e) appeals and reviews,
and shall be set out in formal, legal fashion.
4. Expediency
Disciplinary hearings should be held within twenty-four hours (excluding Saturdays,
Sundays or holidays) from the time the charging officer submits the charge sheet to the
shift supervisor. If an extension is required, a postponement may be granted.
The hearing must be started within seventy-two hours but where the hearing cannot
proceed due to unavailability of the inmate or critical witnesses, the panel chairperson
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may adjourn the continuation of the hearing until such time as it may be completed. An
adjournment shall not be unduly prejudicial to the inmate.
5. Assistance to Inmate
When an inmate is inarticulate, illiterate, or is not fluent in the English language, the
officer in charge shall appoint a person to assist that inmate in presenting his/her case,
understanding the procedures which apply at the hearing, and explaining the
consequences of a finding against the inmate.
Whe re the inmate requests a lawyer or other person to assist in the defense of an
allegation, the reasons for the request shall be considered by the panel chairperson who
shall advise the inmate of the reasons for accepting or rejecting the request. In reaching
such a decision, the panel chairperson should be guided by the following:
(i) The seriousness of the allegation and the potential penalty
(ii) The case is likely to be complicated, or raise legal or procedural issues
(iii) The capacity of the inmate to understand the proceedings and present a
defense
(iv) The need for reasonable speed in completing the disciplinary process
6. Inmate Participation
The inmate shall be present throughout the hearing, unless circumstances prevent
attendance, and shall be provided reasonable assistance in presenting a defense and
understanding the procedures and consequences of the hearing. The inmate may be
dismissed while the panel deliberates its decision and, where appropriate, the disposition.
7. Formation of Panel
Panel formation shall be in accordance with the prison’s rules and regulations. An
independent chairperson shall chair the disciplinary court and award punishment for
serious or flagrant offenses. Any officer having direct personal knowledge of the facts, or
direct personal involvement in the incident giving rise to the allegation/charge is
disqualified from sitting on the panel.
The prison warden or designate, based upon case complexities or operational needs,
determines whether a charge should be heard by:
(a) a senior prison official,
(b) a panel, or
(c) an independent chairperson in the case of serious or flagrant offences.
8. Procedural Steps
The panel shall proceed through the following steps:
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1. Identify the panel.
2. Identify the inmate by name and number.
3. Ask the inmate if a copy of the offence report was received.
4. Read the allegation.
5. Ensure the inmate understands the allegation.
6. Ask for a plea to the allegation, i.e.
(a) admit the disciplinary offence, or
(b) deny the disciplinary offence.
7. Record the plea.
8. If the inmate makes no plea or refuses to plead, the situation shall be treated as
a denial of disciplinary offence.
In the case of a denial:
1. Consider the report, and hear oral evidence from the officer who initiated the
charge. Where an investigating officer was appointed, that officer shall be called
to give oral evidence.
2. Ensure those officers named as witnesses are available to testify either through
reports, or preferably in person.
3. Call any other witnesses who, in the opinion of the panel, may offer relevant
facts to assist in the panel’s deliberations. Witnesses may be called to testify both
on behalf of the administration or the accused. The panel and the inmate may
question those witnesses.
4. Witnesses should only be called if they have relevant, direct, first-hand
knowledge of the circumstances of the charge.
5. The inmate should be afforded every reasonable opportunity to present a
defense and be heard. The panel may question an accused giving evidence.
6. Facts the inmate does not wish to give as evidence should not be interpreted
adversely against the inmate.
7. Evidence provided by an informant shall be given in such a way as to ensure
absolute protection for the source of the information, yet must be detailed enough
to ensure the inmate is aware of the substance of the allegation.
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8. After considering all the evidence, the panel shall determine the guilt or
innocence of the accused. It may adjourn to do so, or may do so immediately. In
making this determination, it is not necessary to find the accused guilty beyond a
reasonable doubt, but on the balance of probabilities. The evidence weighed by
the panel should be relevant, trustworthy and credible.
In cases where the inmate admits the disciplinary offence:
1. Consider the report of the officer who initiated the allegation, and, if appointed,
the report of an investigating officer.
2. Consider any oral or written statement which the inmate might wish to make
concerning the circumstances and disposition of the disciplinary offence.
9. Finding
The panel should fairly and impartially consider all the evidence before it at the hearing,
and then determine, on the balance of probabilities, whether the allegation has been
substantiated.
When the panel determines that the allegation is not substantiated, the panel is obliged to
dismiss the allegation.
The panel shall advise the inmate of the finding.
10. Disposition
Where the allegation has been substantiated by the evidence, and before determining the
disposition, the panel should:
(a) examine the disciplinary record of the inmate; and
(b) ask if the inmate has anything to say before the sentence is passed.
After taking into consideration the above, the seriousness of the offence, and the effect
the disposition may have on the inmate and the inmate population, the panel then imposes
the appropriate disposition as set out in the prison’s rules and regulations.
An inmate who is found guilty of a disciplinary offence is liable to one or more of the
following:
(i) A warning or reprimand
(ii) A loss of privileges
(iii) An order to make restitution
(iv) A fine
(v) Performance of extra duties
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(vi) In the case of a serious disciplinary offence, segregation from other inmates
for a maximum of thirty days
The disposition shall be explained to the inmate.
F. REVIEW OF PANEL DECISION
1. General
The panel shall advise the inmate of the provisions for review procedures.
The inmate may apply for a review as provided for, at any time following the imposition
of a disposition.
If the inmate applies for a suspension or reduction immediately following the imposition
of a disposition, the panel should review and consider the inmate’s progress file and any
other pertinent records to ascertain the inmate’s previous conduct. If the panel is satisfied
the case warrants a reduction or suspension, the panel should discuss the conditions with
the inmate.
If the inmate indicates a willingness to comply with the terms of the undertaking, the
panel should then consider the reduction or suspension of the disposition.
The panel shall respond to the inmate’s request for a reduction or suspension of the
disposition and then confirm or adjust the sentence.
A record of the disposition as well as the reasons for that disposition is then entered on
the inmate offence report.
2. Information of Judgment and Filing
A “notice of punishment or administrative action disciplinary court/minor offence court”
shall be distributed as follows with a photocopy to finance when a fine has been levied:
1. Inmate’s file
2. Case Management
3. Sentence Administrator
4. Work location if inmate is sentenced to punitive segregation
5. Staff who reported the offence
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3. Storage of File
The prison shall retain these records for sixty days from the date of disposition. This
standard ensures that a complete and thorough examination of the hearing can be
conducted in the event that an appeal is lodged against either the finding of disposition or
the panel.
G. FAILURE TO COMPLY
When an inmate fails to comply with a term or condition imposed as the result of
reduction or suspension of a disposition, the panel or officer who reduced or suspended
the disposition, may require the inmate to appear before the panel. The panel may
impose a new disposition or reinstate the disposition previously suspended or reduced.
H. APPEAL PROCEDURES
The inmate shall be advised of the appeal procedures outlined in the prison’s rules and
regulations.
I. SEGREGATION
1. Definition
Punitive segregation refers to the housing of an inmate in segregation for a specific
sentence, for a period not exceeding thirty days.
An inmate may only be sentenced to punitive segregation pursuant to the applicable
directives after determination of guilt by the independent chairperson on a serious charge.
2. Policy Objective
To provide institutional policies and procedures in the management of inmates in punitive
segregation and administrative segregation in a secure and humane manner.
3. Segregation Unit
3.(a) Physical Plant
The physical plant in which segregated inmates are housed shall meet the standard
specified for physical plant housing for general population inmates.
The segregation unit cells shall be of similar size and shall contain the same facilities as
the general population cells/units.
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3.(b) Inmate Rights During Segregation
Inmates segregated for disciplinary reasons shall retain all the customary and specified
rights and privileges of inmates in the ge neral population, with the exception of those
rights and privileges which are qualified or removed by the prison’s regulations.
Discussion:
Possible limitations of inmates’ rights and privileges are as follows:
During confinement in a segregation cell, an inmate shall:
(a) unless the prison warden considers it could endanger the
inmate or other persons, have a mattress, bedding, and
clothing- the type normally issued to inmates in the prison;
(b) unless the prison warden considers this would pose a
special danger to the inmate or other persons, the use of
tobacco products; and
(c) after the first twenty-four hours of confinement, thereafter
shall be allowed a minimum one hour exercise period outside
the segregation cell during each twenty-four hour period.
It should be noted that the United Nations Standard Minimum Rules for
the Treatment of Prisoners requires that the one hour exercise period take
place out -of-doors. This consideration should be tempered by
considerations of climate.
Any determination by the prison warden and/or his/her designate to limit the rights of an
inmate in disciplinary segregation shall be done so in writing and a copy of the
determination shall be given to the inmate within twenty-four hours of the determination
being made.
A person incarcerated in segregation and/or isolation shall be permitted to attend regular
services of worship where the prison warden is satisfied that such attendance will not
jeopardise the security of the institution or cause disruption of the services.
Telephone privileges shall apply as per regulations.
All inmates shall be allowed to wear standard institutional clothing.
Normal institutional meals shall be provided to all inmates.
Inmates shall be allowed to shave and shower a minimum of three times a week, and
barbering services shall be available by submitting a written request.
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Library privileges including legal materials, shall be available in segregation. Inmates’
written requests for specific books and/or reference materials shall be directed to the
institutional librarian.
Inmates shall have access to program staff by initiating a request to the institutional case
management officer assigned.
If any of the usually authorised privileges afforded inmates in the segregation unit are
denied or withdrawn, a report shall be submitted to the warden, advising of the action
taken and reasons why.
Every inmate in the segregation unit shall be visited:
(a) upon request, by the supervisor in charge, evenings, weekends and
statutory holidays,
(b) on a weekly basis, by a member of his/her case management team, and
(c) Monday through Friday by the officer in charge of the prison.
A nurse shall make daily visits to the segregation unit to see each inmate and provide
prescribed medication.
The institutional health care officer shall examine each inmate as soon as possible after
admission to the segregation unit. No inmate shall be kept in segregation if, in the
opinion of the health care officer, this area may have an adverse effect on the inmate’s
health.
Inmates refusing consent for this examination shall have the refusal recorded and
witnessed.
4. Logs
There shall be four permanent log books kept in the segregation unit, and available to
senior staff:
Individual Inmate Log: All pertinent data shall be recorded such as admission
information, raw data, release or tentative release date, special problems or needs,
etc.
Daily Visitors Log: All official visitors shall sign this log and record date and
time of the visit.
Daily Participation Log: All services provided to each inmate shall be recorded
(exercise, shower, shave, visits, meals, bedding and clothing).
General Information Log Book: Every shift shall record activities and incidents
which took place during the shift, for the benefit of the next shift.
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5. Fire Safety and Evacuation
Staff shall become familiar with fire fighting equipment available in the segregation
building.
Evacuation areas for inmates housed in this unit shall normally be the exercise yards.
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20
TOWARDS IMPROVED CORRECTIONS:
A STRATEGIC FRAMEWORK
Publication and distribution of this document is a joint initiative of the International
Centre for Criminal Law Reform and Criminal Justice Policy and the Correctional
Service of Canada. For further information about the strategic framework or other
aspects of this international corrections program or other programs in international
criminal law reform and criminal justice policy, please contact:
The International Centre for Criminal Law Reform
and Criminal Justice Policy
at The University of British Columbia
1822 East Mall
Vancouver, B.C., V6T 1Z1 Canada
Tel.: (604) 822-9875
Fax: (604) 822-9317
INTRODUCTION
The First International Symposium on the Future of Corrections, was held in Ottawa, Canada,
in June 1991. Delegates to that symposium agreed on the need for a strategic framework, that
is, a statement of values and principles for corrections.1 Following the symposium, a drafting
committee convened by the Correctional Service of Canada worked on developing such a
framework. The result was a framework document, "Towards Excellence in Corrections."
Delegates to the first symposium also agreed to hold another symposium in two years' time to
examine the strategic framework and test its validity for a variety of correctional systems. The
second symposium was held in Poland in October 1993. Senior officials, representatives of
non-governmental organizations, and academics from 29 nations attended the second
symposium. They endorsed the strategic framework in principle and recommended a number of
changes and improvements, which have been incorporated into this version, which has been
given a new title.
The intent of the strategic framework is to assist correctional organizations in defining their role
within the criminal justice system. This involves:
•
•
•
•
explaining what corrections is;
defining what is meant by effectiveness in corrections;
explaining what corrections can realistically achieve; and
expressing the values that are vital to corrections in a democratic society.
This framework is not a set of precise, specific standards but a broad vision that will serve to
guide developments in the field of corrections. Its aim is to inspire improvement in performance,
not just change. As such, it should serve as a starting point for discussion. How the framework
is used must be determined by each system that is in search of a better future. It can serve as a
reminder of the opportunities for improvement and an impetus for action. Commitment to the
values and principles contained herein will allow correctional systems to achieve significant
progress and improvement.
This document is intended to contribute to:
•
a greater emphasis on crime prevention to clarify for members of the public, politicians,
and the other components of the criminal justice system how corrections contributes to
society's efforts to achieve domestic peace and justice and the limitations of that
contribution;
1 The term "corrections" is used throughout this document to denote those segments of the criminal justice
system responsible for prison administration and the supervision of offenders on conditional release in the
community.
•
systemic improvements in corrections and criminal justice policies and legislation through
a consistent approach to offenders2 based upon shared values and principles;
•
the appropriate use of imprisonment through a stronger emphasis on community
corrections and non-custodial measures combined with effective programs to safely
reintegrate offenders into society;
•
the development of improved risk assessment tools and risk management strategies
through on-going research and sharing of information nationally and internationally;
•
increased staff professionalism; and
•
a clearer understanding of, and commitment to the responsibilities of the following in
contributing to an effective corrections system:
-
society, which provides the mandate, resources, and support;
corrections, which provides programs, expertise and professional, committed
personnel;
offenders, who choose the programs that will assist them to become law-abiding
citizens.
Corrections faces a number of challenges that are unlikely to change in the short term:
1. There are public demands for more punitive sanctions and an increasing reliance on
incarceration as the crime control measure of choice. This hinders the development of
meaningful community sanctions. Approaches to dealing with offenders are fragmented,
even within the criminal justice system itself.
2. Severe crowding in some jurisdictions, has stripped corrections systems of their ability to
treat offenders in a humane manner.
3. There are unrealistic expectations that corrections alone can solve the crime problem.
Public confidence in the criminal justice system is limited and fragile and there is a general
intolerance of any failure. Adding to the problem is a lack of understanding about
corrections, a view that "nothing works," and a reticence to support alternative sanctions
and a more judicious use of imprisonment.
4. A continued denial of community responsibility for crime prevention and control leads to
expectations that corrections alone will provide a solution. Once offenders are sentenced,
2 The term "offenders" refers to prisoners and parolees (or others conditionally-released), collectively.
corrections is expected to redress long-standing inadequacies of education, housing, social
welfare and discrimination.
These expectations are compounded by public perceptions of increasing violent crime;
which, in many counties are unfounded. Nevertheless, fear of crime is a reality that must be
addressed if corrections is to gain credibility and public support.
5. There is a clear need for better public education about corrections. The public needs to
understand the roles to be played by the community, the criminal justice system, and
corrections in striving for a safer and more peaceful society. The community must
participate in the correctional process. Leaders in the corrections field must become
actively involved in the development of public policy.
6. Incarceration is costly and demands resources that would be better invested in social
programs that have a more direct impact on crime prevention. In some jurisdictions, the
cost of constructing and maintaining prisons threatens basic programs of employment,
education, economic development, health, housing and income maintenance. While good
correctional practice contributes to crime prevention, other social programs can have a
greater effect in addressing the underlying causes of crime.
7. There is a growing demand for all public services to become more effective and efficient, to
be more open to public scrutiny, to give better quality service to the public and, generally, to
be more accountable.
The strategic framework that follows sets out fundamental objectives to meet these challenges,
expressed in the form of values and principles.
THE ROLE AND VALUES OF CORRECTIONS
The goal of every society is to maintain peace and to provide justice and
safety for its members.
The criminal justice system contributes to the maintenance of a just,
peaceful and safe society, through the use of appropriate and reasonable
sanctions.
As part of the criminal justice system, corrections contributes to the
protection of society by actively encouraging offenders to take
advantage of opportunities that will assist them in becoming lawabiding citizens, while exercising only the degree of control necessary.
Discussion
All people have the right to live in a just, peaceful and safe society. There will always be crime
and a need for criminal justice. The definition of an acceptable level of crime within any society
is a function of the values and culture of that society. Societal values also determine the nature
of the response to crime.
There is clear evidence that the increased use of imprisonment and punishment does not reduce
the level of crime, and, therefore, does little to contribute to the long term protection of society.
Corrections has limited potential for the control of crime: Sanctions come into play far too late
and leave the sources of the problem untouched. The majority of offenders can be safely
managed in the community where appropriate sanctions can be imposed and effective programs
provided. Offenders must demonstrate responsibility, repair the harm done to the community,
and comply with stipulated expectations.
One of the greatest challenges to society is to develop more effective and credible community
sanctions. Imprisonment, while the ultimate sanction in most societies, is probably the least
promising, productive, or effective. Thus it should be used with restraint. Nevertheless, there
will remain, for the foreseeable future, a need for prisons to deal with the relatively small group
of serious offenders who pose a significant risk to society.
A term of imprisonment is appropriate for those offenders who pose an unmanageable risk to
the public, or where the seriousness of the offence, in the eyes of society, requires imprisonment
as a sanction. When imprisonment is necessary, corrections has an obligation to provide for the
safe, secure and humane custody of offenders, while exercising only the degree of control
necessary. Society is best protected in the long-term by the timely and safe release of offenders
to serve the balance of their sentence in the community, under appropriate supervision and
control. The vast majority of offenders will return to the community. The prison regime should
facilitate their safe return to society by creating, to the extent possible within prison, an
environment reflective of the community-at-large. It is equally important to provide a range of
programs and activities that motivate offenders to address the factors that led to their criminal
behaviour and to maintain family and community ties.
VALUE 1 – JUSTICE AS THE CORE VALUE
Corrections is that component of the criminal justice system, which has
the greatest impact on the freedoms, liberties and rights of individuals.
Therefore those who are involved in corrections must respect
fundamental human rights in every aspect of their work and must be
guided by a belief in:
•
•
•
fairness and equality under and before the law;
the dignity and worth of individuals, and
managing with honesty, openness and integrity.
Principles
In protecting the rights of offenders, correctional systems should build on the base established in
international standards.
The foremost duty of corrections should be to promote, in staff members and with the public,
respect for the inherent dignity, humanity, and worth of all individuals, including offenders.
Adopting justice as the core value sets the framework for the values and principles that guide
the approach to offenders, the use of sanctions, decision making, partnerships, the development
of professional correctional workers, the relationship with the public and the overall
effectiveness of corrections.
VALUE 2
Fundamental to an effective corrections and justice system is a firm
commitment to the belief that offenders are responsible for their own
behaviour and have the potential to live as law-abiding citizens.
Principles:
Offenders must be treated as individuals.
There must be a focus on the specific circumstances, individual needs and risk posed by a
particular offender and on addressing those needs while responsibly managing the risk.
Offenders must be informed, active participants in decisions affecting them and must be
provided the opportunity for redress.
Positive and effective interaction based on mutual respect between staff members and offenders,
is the cornerstone on which the future of corrections rests.
Opportunities must be provided and offenders actively encouraged to take part in programs that
will reduce the risk they present and aid their reintegration into society.
Programs should be based on a sound framework of research and evaluation and innovative
approaches to effective programs supported.
Conditions imposed on offenders must be appropriate to risk and need, facilitate positive
change, and be clearly stated and understood by all involved.
Each offender should be encouraged to gain more freedom through responsible behaviour over
time.
The religious, spiritual and cultural needs of individuals and minority groups should be
accommodated, provided the rights of some other group are not impinged upon in the process
and that reasonable requirements of safety, security, and good order are met.
VALUE 3
The majority of offenders can be dealt with effectively in the community
by means of non-custodial correctional programs; imprisonment should
be used with restraint.
Principles
Imprisonment should be reserved for those not otherwise suitably punished, those who pose a
serious danger to the community, and those who willfully refuse to comply with non-prison
sanctions.
Offenders are sent to prison as punishment, not for punishment, and therefore prison
environments must be safe and humane and as close as possible to conditions in the community.
Dynamic security, based upon active and consistent interaction between staff members and
offenders, fosters a non-repressive, non-adversarial climate in which overall security is
enhanced. Inmates are held accountable for their behaviour, and are expected to act
responsibly and build positive relationships with staff members.
Static security, with its various physical means of containment, complements and reinforces
dynamic security. Force is used only when necessary and then only to the degree required to
preserve life, prevent injuries and restore order.
The interests of society are best served by the successful reintegration of offenders as early and
safely as possible. This is a key aspect of corrections' contribution to crime prevention.
A graduated release program tests an offender's suitability for release while providing necessary
support and control, and is preferable to release at the end of the sentence with no preparation
or supervision.
Credible community programs, directed towards maintaining offenders in the community and
consistent with the need to protect the public, are a cost-effective approach to dealing with
offenders and should be the primary focus.
Offenders sentenced to a term of imprisonment will be supported in maintaining and developing
family and community ties as an essential aspect of preparing for their return to society.
Continuity in programming is important so that offenders who are ready for release are able to
continue to address their needs in the community.
Community programs focused on developing and maintaining support systems, gainful
employment and social services significantly improve an offender's potential to become a lawabiding citizen.
Within a fair and rational sentencing process, a broad range of credible, safe and effective
sanctions must be made available. Evaluation of the effectiveness of the various santions will
provide empirical evidence of their relative merit to those responsible for sentencing.
VALUE 4
In the interest of public protection, decisions about offenders must be
based on informed risk assessment and risk management.
Principles:
Given the nature of corrections, risk will never be totally eliminated.
Assessment of the risk an offender poses should be used as the basis for most decisions within
the criminal justice system.
Informed, comprehensive risk assessment must be based on high quality information gathered
and shared among the components of the criminal justice system. Risk assessment tools must
be empirically sound, based on research, evaluation and testing.
The ability to assess risk must be continually improved, and offenders matched with programs
that will reduce the risk they pose.
Risk management strategies must be based on the specific needs of an offender. A variety of
interventions must be available to address the risk posed by a particular individual.
Changes in the level of risk posed by an offender must be consistently monitored to determine
whether controls can be lessened, or, alternatively, whether action must be taken to reduce the
risk.
VALUE 5
Effective correct ions is dependent on working in close cooperation with
criminal justice partners and the community in order to contribute to a
more just, humane and safe society.
Principles:
Positive and constructive partnerships should be established and maintained locally, nationally
and internationally, with those who have an interest, or a role to play, in criminal justice.
Cooperative efforts are successful when they are based on shared interests, clear understanding
of expectations, and open communications.
The valuable contribution of community services and agencies in working with offenders in the
community should be supported to the fullest extent possible.
Effective criminal justice policy will be based upon open, two-way communication among
partners within the criminal justice system.
Identifying and promoting improvements to criminal justice and social policies will lead to a
more just, peaceful and safe society.
An external focus should be adopted, seeking opportunities in the community to improve
achievement of objectives.
Corrections systems should be sensitive to, and, as much as possible, responsive to, the needs
of victims.
VALUE 6
Carefully recruited, properly trained and well-informed staff members
are essential to an effective correctional system.
Principles:
To meet existing and emerging challenges, recruitment should reflect the diversity within society
and staff members recruited who share the overall values of the correctional system.
The professionalism of all correctional workers should be recognized and furthered by actively
involving them in achieving goals and seeking their views on policies, plans and priorities.
It is important to establish expectations and objectives with employees and provide
opportunities for personal growth and development so that they can achieve their full potential.
Staff members have the right to clearly understand their roles and responsibilities and are entitled
to the information necessary to achieve the objectives set.
It is important to encourage employee initiative, creativity, and reliance on self-direction and to
support personal responsibility for continued learning and career development.
Providing the training and supervision required for employees to succeed at their jobs is vital to
both the individual and the organization.
Relationships with, and among, staff members, and with staff organizations, should be based on
effective communication, mutual respect, and a recognition of common objectives.
VALUE 7
The public has a right to know what is done in corrections and should
be given the opportunity to participate in the criminal justice system.
Principles:
It is crucial to enlist public understanding, support and participation in correctional programs and
activities.
Communications should foster greater public interest and a better appreciation of the challenges
of corrections so as to create more realistic expectations of what corrections can and cannot
do.
Openness, accessibility, and respons iveness to public criticism, along with a willingness to seek
improvements, support the principle that the public is a responsible participant in the
correctional process.
Rational performance indicators based on solid empirical data, should be set for programs and
operations, and results clearly communicated.
Positive and proactive relations should be pursued with the media to assist them in their role of
informing the public about correctional issues and a spirit of openness and accountability
adopted (to the extent permitted by law).
Volunteers make a valuable contribution to effective corrections and their active participation
should be encouraged.
VALUE 8
The effectiveness of corrections depends on the degree to which
correctional systems are capable of responding to change and shaping
the future.
Principles:
Continuous improvements will be achieved by:
-
learning from experience;
keeping abreast of trends, developments and emerging issues;
sharing information nationally and internationally;
maintaining a strong research and development focus;
maximizing the use of the resources available;
benefiting from the knowledge and experience of others;
establishing effective accountability mechanisms;
communicating well within and outside the organization;
being open and responsive;
constantly seeking ways to improve;
providing the best possible service in a professional manner;
taking the lead in the development of public policy.
A focus on setting objectives, achieving results, and continually monitoring performance, will
lead to ongoing improvements.
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